Mitigating punishment for statutory rape

Article Abstract:

Casting blame in a criminal trial on an adolescent girl who has been the victim of statutory rape is not a method by which punishment should be reduced for the offending male. Punishment should be determined by the male's actions, not the female's. Statutory rape laws are designed to protect adolescent girls, not to further victimize them in the criminal justice system with accusations of seduction. If punishment is to be mitigated for the male, the process should start by lowering the presumptive level of punishment and considering factors related to the male's behavior.

Sentences (Criminal procedure), Sex crimes, Rape

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The mitigation of emotional distress damages

Article Abstract:

The author discusses the expansion of tort liability for emotional distress and the problems created by the failure of the courts to develop rules governing the mitigation of emotional injuries. Possible alternatives to mitigation are covered.

Remedies, Damages, Damages (Law), Mental distress (Law)

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Running the caucus-race: prevailing parties and fee shifting under ERISA

Article Abstract:

The author discusses the broad fee shifting provision under ERISA which allows judges in their discretion to award attorney fees in ERISA litigations. The appropriate conditions for such awards are analyzed.

Cases, Attorneys, Lawyers' fees, Employee benefits, Costs (Law), Legal fees

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