Sessions Information

  • May 2, 2018
    9:00 am - 10:30 am
    Session Type: AALS Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: Clark 5
    Floor: Seventh Floor

    Ross Reconsidered

    Kimberly A. Thomas, The University of Michigan Law School

    We should reconsider Ross. In Ross v. Moffitt, the U.S. Supreme Court held that convicted defendants are not constitutionally entitled to counsel on direct appeal for discretionary appeals to the state supreme court or U.S. Supreme Court. We should examine Ross anew given the slow evolution that has come to re-emphasize the centrality of direct review in criminal law, both for individual defendants and for the development of constitutional criminal law and procedure. 

     

    Specifically, the Article highlights four features that converge to say that we should reconsider Ross: 1) the utility of counsel on discretionary review has been underexplored, both before and after Ross; 2) the increased focus by the Court on the need for defendants to obtain relief on direct appeals; 3) relatedly, the Court’s interpretation of AEDPA that has moved most of the signficant windows for criminal law development into the direct appeal; and 4) an increasing sliver of doctrinal sunlight in which to question Ross. The Article first provides the background on Ross and related law, then explores each of these in turn.

     

    The Frisk: “Injuries to Manhood” and to Womanhood

    Josephine Ross, Howard University School of Law

    Sometimes a frisk feels like sexual assault. This is true even when the officer is following proper police procedures. There is a continuum between the frisk and outright criminal sexual assault. This chapter of the book seeks to tell that story using stories, cases, social science and feminist analysis.

Session Speakers
Howard University School of Law
Intensive Paper Feedback Presenter

The University of Michigan Law School
Intensive Paper Feedback Presenter

Session Fees

Fees information is not available at this time.