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Articles 1 - 30 of 62
Full-Text Articles in Entire DC Network
Against Criminal Law Localism, Brenner M. Fissell
Against Criminal Law Localism, Brenner M. Fissell
Maryland Law Review
No abstract provided.
State V. Thomas: An Improper Extension Of Involuntary Manslaughter To Combat The Opioid Epidemic, Daniel P. Mooney
State V. Thomas: An Improper Extension Of Involuntary Manslaughter To Combat The Opioid Epidemic, Daniel P. Mooney
Maryland Law Review
No abstract provided.
Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright
Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright
Maryland Law Review
No abstract provided.
Digital Expungement, Eldar Haber
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker
Rule 41 Amendments Provide For A Drastic Expansion Of Government Authority To Conduct Computer Searches And Should Not Have Been Adopted By The Supreme Court, Markus Rauschecker
Maryland Law Review
No abstract provided.
Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context, Donald R. Caster, Brian C. Howe
Taking A Mulligan: The Special Challenges Of Narrative Creation In The Post-Conviction Context, Donald R. Caster, Brian C. Howe
Maryland Law Review
No abstract provided.
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic Violence, Lauren Oppenheimer
Maryland Law Review
No abstract provided.
Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst
Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst
Maryland Law Review
No abstract provided.
The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism, Elizabeth Esther Berenguer
The Color Of Fear: A Cognitive-Rhetorical Analysis Of How Florida’S Subjective Fear Standard In Stand Your Ground Cases Ratifies Racism, Elizabeth Esther Berenguer
Maryland Law Review
No abstract provided.
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil L. Sobol
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil L. Sobol
Maryland Law Review
Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons.
Criminal justice debt is the primary source for this imprisonment. Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …
Equality, Process, And Campus Sexual Assault, Julie Novkov
Equality, Process, And Campus Sexual Assault, Julie Novkov
Maryland Law Review
No abstract provided.
Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes
Cruel And Unusual Before And After 2012: Miller V. Alabama Must Apply Retroactively, Tracy A. Rhodes
Maryland Law Review
No abstract provided.
Problem-Solving Courts And Pragmatism, Richard C. Boldt
Problem-Solving Courts And Pragmatism, Richard C. Boldt
Maryland Law Review
No abstract provided.
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker
State Prisoners With Federal Claims In Federal Court: When Can A State Prisoner Overcome Procedural Default?, Megan Raker
Maryland Law Review
No abstract provided.
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Maryland Law Review
No abstract provided.
The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan
The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan
Maryland Law Review
No abstract provided.
Arizona V. Gant: Missing An Opportunity To Banish Bright Lines From The Court’S Vehicular Search Incident To Arrest Jurisprudence, Jack Blum
Maryland Law Review
No abstract provided.
Limiting Death: Maryland’S New Death Penalty Law, Michael Millemann
Limiting Death: Maryland’S New Death Penalty Law, Michael Millemann
Maryland Law Review
In this Article, I describe and analyze the State of Maryland's 2009 death penalty law. This law adds three new death-eligibility criteria to the pre-existing law. These new evidentiary criteria supplement the pre-existing substantive death-eligibility criteria. As a result, Maryland now has one of the most restrictive death penalties in the country.
Does An Individual Government Official Qualify For Immunity Under The Foreign Sovereign Immunities Act?: A Human Rights-Based Approach To Resolving A Problematic Circuit Split, Heather L. Williams
Does An Individual Government Official Qualify For Immunity Under The Foreign Sovereign Immunities Act?: A Human Rights-Based Approach To Resolving A Problematic Circuit Split, Heather L. Williams
Maryland Law Review
No abstract provided.
United States V. Malloy: Unreasonably Denying Criminal Defendants A Reasonable Mistake Of Age Defense In The Fourth Circuit, Anne E. Di Salvo
United States V. Malloy: Unreasonably Denying Criminal Defendants A Reasonable Mistake Of Age Defense In The Fourth Circuit, Anne E. Di Salvo
Maryland Law Review
No abstract provided.
State V. Baby: One Step Forward For Maryland— Protecting A Woman’S Right To Withdraw Consent, But Sending A Conflicting Message To Appellate Courts Reviewing Multiple-Conviction Cases, Michelle D. Albert
Maryland Law Review
No abstract provided.
Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii
Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii
Maryland Law Review
No abstract provided.
Christian V. State: An Unnecessary Overcorrection Threatens The Law Of Criminal Assault, Christopher Dahl
Christian V. State: An Unnecessary Overcorrection Threatens The Law Of Criminal Assault, Christopher Dahl
Maryland Law Review
No abstract provided.
Price V. State: The Price Is Not Right—Maryland’S Showcase Showdown With Inconsistent Criminal Jury Verdicts, Bryan L. Mosca
Price V. State: The Price Is Not Right—Maryland’S Showcase Showdown With Inconsistent Criminal Jury Verdicts, Bryan L. Mosca
Maryland Law Review
No abstract provided.
Mere Thieves, Robert Steinbuch
Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt
Georgia V. Randolph: Checking Potential Defendants’ Fourth Amendment Rights At The Door, Adrienne Wineholt
Maryland Law Review
No abstract provided.
Collateral Remedies In Criminal Cases In Maryland: An Assessment, Michael A. Millemann
Collateral Remedies In Criminal Cases In Maryland: An Assessment, Michael A. Millemann
Maryland Law Review
Millemann surveys the legal remedies that convicted persons in Maryland have, focuses on the remedies provided by the Uniform Post Conviction Procedures Act, identifies several problems with the application of the Act - including the courts' overuse of the waiver provisions and failures to more fully develop and use exceptions to waiver, and argues that state courts have a special responsibility to protect the rights of prisoners given the general disengagement by federal courts.
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Maryland Law Review
No abstract provided.
Glover V. State: A Misinterpretation And Misapplication Of The Barker Speedy Trial Balancing Test Results In The Weakening Of A Criminal Defendant's Right To A Prompt Trial, Christopher S. Elmore
Glover V. State: A Misinterpretation And Misapplication Of The Barker Speedy Trial Balancing Test Results In The Weakening Of A Criminal Defendant's Right To A Prompt Trial, Christopher S. Elmore
Maryland Law Review
No abstract provided.
Arrests Without Prosecution And The Fourth Amendment , Surell Brad
Arrests Without Prosecution And The Fourth Amendment , Surell Brad
Maryland Law Review
No abstract provided.