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Articles 1 - 30 of 73
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Quasi-Inquisitorialism: Accounting For Deference In Pretrial Criminal Procedure, Jennifer E. Laurin
Quasi-Inquisitorialism: Accounting For Deference In Pretrial Criminal Procedure, Jennifer E. Laurin
Notre Dame Law Review
Police and prosecutorial activities that take place long before a criminal trial are frequently critical to, even dispositive of, the accuracy and reliability of case disposition. At the same time, the regulatory touch of constitutional criminal procedure in the pretrial realm is insistently light. Proposals to address actual or risked deficiencies in this arena have proliferated in recent years, exemplified by pushes for social-science-rooted investigative best practices, for broader defense access to evidence prior to trial, for more oversight in plea bargaining, and so on. But in the face of these critiques, broad pretrial discretion largely reigns.
A prevailing explanation …
A House Divided: When State And Lower Federal Courts Disagree On Federal Constitutional Rights, Wayne A. Logan
A House Divided: When State And Lower Federal Courts Disagree On Federal Constitutional Rights, Wayne A. Logan
Notre Dame Law Review
This Article provides the first in-depth examination of state-federal concurrent constitutional authority and does so by focusing on a context in which its consequences are most problematic: within individual states. While a handful of articles over the years have examined state court power vis-a-vis federal constitutional questions more generally, no systematic effort has been undertaken to examine intrastate, state-federal conflict on federal constitutional questions. This Article redresses this deficit, using as its doctrinal locus federal constitutional criminal procedure, with its unique impact on government power and individual liberty and privacy.
Procedural Rights At Sentencing, Carissa Byrne Hessick, F. Andrew Hessick
Procedural Rights At Sentencing, Carissa Byrne Hessick, F. Andrew Hessick
Notre Dame Law Review
In determining which constitutional procedural rights apply at sentencing, courts have distinguished between mandatory and discretionary sentencing systems. For mandatory systems—systems that limit sentencing factors and specify particular punishments based on particular facts—defendants enjoy important rights including the right to a jury, the right to proof beyond a reasonable doubt, the right to notice of potential sentencing aggravators, and the right not to be sentenced based on ex post facto laws. By contrast, for discretionary systems—systems that leave the determination of sentencing factors and how much punishment to impose based on particular facts to the judge’s discretion—defendants do not enjoy …
An Insider's Guide To Notre Dame Law School, Notre Dame Law School
An Insider's Guide To Notre Dame Law School, Notre Dame Law School
About the Law School
We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That‘s why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you‘ll be as eager to join us as we are to have …
A Judicial Cure For The Disease Of Overcriminalization, Stephen F. Smith
A Judicial Cure For The Disease Of Overcriminalization, Stephen F. Smith
Journal Articles
The dangers of “overcriminalization” are widely appreciated across the political spectrum, but confusion remains as to its cause. Standard critiques fault legislatures alone. The problem, however, is not simply that too many criminal laws are on the books, but that they are poorly defined in ways that give unwarranted sweep to the criminal law, raising the danger of punishment absent or in excess of moral blameworthiness. Instead of narrowing ambiguous criminal laws to more appropriate bounds, courts frequently expand them, even when this ratchets up the punishment that offenders face, and fail to insist on proof of sufficiently culpable states …
The Corporate Criminal Defendant's Illusory Right To Trial: A Proposal For Reform, John N. Gallo, Daniel M. Greenfield
The Corporate Criminal Defendant's Illusory Right To Trial: A Proposal For Reform, John N. Gallo, Daniel M. Greenfield
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
When Moral Reasoning And Ethics Training Fail: Reducing White Collar Crime Through The Control Of Opportunities For Deviance, Cynthia A. Koller, Laura A. Patterson, Elizabeth B. Scalf
When Moral Reasoning And Ethics Training Fail: Reducing White Collar Crime Through The Control Of Opportunities For Deviance, Cynthia A. Koller, Laura A. Patterson, Elizabeth B. Scalf
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Eliminating Overlap, Or Creating A Gap? Judicial Interpretation Of The Private Securities Litigation Reform Act Of 1995 And Rico, G. Robert Blakey, Michael Gerardi
Eliminating Overlap, Or Creating A Gap? Judicial Interpretation Of The Private Securities Litigation Reform Act Of 1995 And Rico, G. Robert Blakey, Michael Gerardi
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
The Price Of Justice: Deferred Prosecution Agreements In The Context Of Iranian Sanctions, Kristie Xian
The Price Of Justice: Deferred Prosecution Agreements In The Context Of Iranian Sanctions, Kristie Xian
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
White Collar Crime: What It Is And Where It's Going, Gerald Cliff, Christian Desilets
White Collar Crime: What It Is And Where It's Going, Gerald Cliff, Christian Desilets
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Limiting The Use Of Expunged Offenses In Bar And Law School Admission Processes: A Case For Not Creating Unnecessary Problems, Mitchell M. Simon
Limiting The Use Of Expunged Offenses In Bar And Law School Admission Processes: A Case For Not Creating Unnecessary Problems, Mitchell M. Simon
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
The Virtue Of Mandatory Disclosure, Matthew A. Edwards
The Virtue Of Mandatory Disclosure, Matthew A. Edwards
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
What's Next: The Future Of Rico, G. Robert Blakey, John C. Coffee, Paul E. Coffey
What's Next: The Future Of Rico, G. Robert Blakey, John C. Coffee, Paul E. Coffey
Notre Dame Law Review
No abstract provided.
Foreward, G Robert Blakey
Constitutional Law--Times Mirror Co. V. United States And A Qualified First Amendment Right Of Public Access To Search Warrent Proceedings And Supporting Affidavits, Robert J. Brantman, Scott K. Martinsen
Constitutional Law--Times Mirror Co. V. United States And A Qualified First Amendment Right Of Public Access To Search Warrent Proceedings And Supporting Affidavits, Robert J. Brantman, Scott K. Martinsen
Notre Dame Law Review
No abstract provided.
Resolving The Hate Crimes/Hate Speech Paradox: Punching Bias Crimes And Protecting Racist Speech, Frederick M. Lawrence
Resolving The Hate Crimes/Hate Speech Paradox: Punching Bias Crimes And Protecting Racist Speech, Frederick M. Lawrence
Notre Dame Law Review
No abstract provided.
Crossing The Constitutional Line: Due Process And The Law Enforcement Justification, Gail M. Greaney
Crossing The Constitutional Line: Due Process And The Law Enforcement Justification, Gail M. Greaney
Notre Dame Law Review
No abstract provided.
Adversary Cecesses In The American Criminal Trial, Gordon Van Kessel
Adversary Cecesses In The American Criminal Trial, Gordon Van Kessel
Notre Dame Law Review
No abstract provided.
Failure To Protect Witnesses: Are Prosecutors Liable, Daniel J. Glivar
Failure To Protect Witnesses: Are Prosecutors Liable, Daniel J. Glivar
Notre Dame Law Review
No abstract provided.
No Easy Solutions To The Problem Of Criminal Mega-Trials, Brendan Judge
No Easy Solutions To The Problem Of Criminal Mega-Trials, Brendan Judge
Notre Dame Law Review
No abstract provided.
Equal Protection In A Mean World: Why Judge Cahill Was Right In United States V. Clary, Melissa C. Brown
Equal Protection In A Mean World: Why Judge Cahill Was Right In United States V. Clary, Melissa C. Brown
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
Thoughts On Originalism, J. Daniel Mahoney
Thoughts On Originalism, J. Daniel Mahoney
Notre Dame Law Review
No abstract provided.
Roundtable: Supreme Courts As Sources Of Legal Change, Randall T. Shepard, Shirley S. Abrahamson, Robert Benham, Perry O. Hooper Sr.
Roundtable: Supreme Courts As Sources Of Legal Change, Randall T. Shepard, Shirley S. Abrahamson, Robert Benham, Perry O. Hooper Sr.
Notre Dame Law Review
No abstract provided.
Crocodiles In The Bathtub: Maintaining The Independence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen
Crocodiles In The Bathtub: Maintaining The Independence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen
Notre Dame Law Review
No abstract provided.
Plain Language, Congressional Intent, And Common Sense: Why Courts Should Allow An 18 U.S.C. #924(C) Conviction For Each Active Employment Of A Firearm During A Drug Trafficking Offense, Peter N. Witty
Notre Dame Law Review
No abstract provided.
Smith V. United States And The Modern Interpretation Of 18 U.S.C. 924(C): A Proposal To Amend The Federal Armed Offender Statute, Thomas A. Clare
Smith V. United States And The Modern Interpretation Of 18 U.S.C. 924(C): A Proposal To Amend The Federal Armed Offender Statute, Thomas A. Clare
Notre Dame Law Review
No abstract provided.
Proposal For Regulating Hate Speech In The United States: Balancing Rights Under The International Covenant On Civil And Political Rights, Scott J. Catlin
Proposal For Regulating Hate Speech In The United States: Balancing Rights Under The International Covenant On Civil And Political Rights, Scott J. Catlin
Notre Dame Law Review
No abstract provided.
Resisting Rulemaking: Challenging The Montana Settlement's Title Ix Sexual Harassment Blueprint, Katie Jo Baumgardner
Resisting Rulemaking: Challenging The Montana Settlement's Title Ix Sexual Harassment Blueprint, Katie Jo Baumgardner
Notre Dame Law Review
Every university and college across the nation—with the exception of three—accepts federal financial assistance. Consequently, in the world of higher education, the impact of administrative regulation and compliance that accompanies federal funding cannot be overstated. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. The text of Title IX states that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program …
Culpability And Sentencing Under Mandatory Minimums And The Federal Sentencing Guidelines: The Punishment No Longer Fits The Criminal, Karen Lutjen
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.
The Guilty But Mentally Ill Verdict: Political Expediency At The Expense Of Moral Principle, Mark A. Woodmansee
The Guilty But Mentally Ill Verdict: Political Expediency At The Expense Of Moral Principle, Mark A. Woodmansee
Notre Dame Journal of Law, Ethics & Public Policy
No abstract provided.