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Articles 1 - 27 of 27
Full-Text Articles in Entire DC Network
Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.
Deinstitutionalization Of Status Offenders: In Perspective , Robert W. Sweet Jr.
Pepperdine Law Review
No abstract provided.
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Big Business Beware: Punitive Damages Do Not Violate Fourteenth Amendment According To Pacific Mutual Life Insurance Co. V. Haslip, Christopher V. Carlyle
Pepperdine Law Review
No abstract provided.
Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom
Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom
Pepperdine Law Review
No abstract provided.
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Pepperdine Law Review
No abstract provided.
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Walking The Invisible Line Of Punitive Damages: Txo Production Corp. V. Alliance Resources Corp. , Nancy G. Dragutsky
Pepperdine Law Review
No abstract provided.
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
Putting Buck V. Bell In Scientific And Historical Context: A Response To Victoria Nourse , Edward J. Larson
Putting Buck V. Bell In Scientific And Historical Context: A Response To Victoria Nourse , Edward J. Larson
Pepperdine Law Review
In this article written for a law-review symposium in response to a presentation on the infamous 1927 U.S. Supreme Court opinion in Buck v. Bell, Edward J. Larson argues that, at the time that the case was decided, eugenics was on the incline, not the decline. In the 1920s, the American scientific and medical community broadly backed eugenic remedies for various forms of mental illness and retardation. Legislatures, lawyers, and jurists took their cue from this scientific and medical consensus. Absent any question that the statute at issue in Buck v. Bell was validly passed by the Virginia legislature or …
Presumed Guilty, Terrence Cain
Presumed Guilty, Terrence Cain
Terrence Cain
It would probably surprise the average American that prosecutors need only prove guilt beyond a reasonable doubt sometimes. Although the Due Process Clauses of the Constitution require that the government prove each element of an alleged criminal offense beyond a reasonable doubt, the use of statutory presumptions has relieved the government of this responsibility, and in some cases, has even shifted the burden to the defendant to disprove the presumption. Likewise, the Sixth Amendment grants a criminal defendant the right to have the jury and the jury alone determine whether the government has met its burden and ultimately whether the …
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen
The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen
Touro Law Review
No abstract provided.
Supreme Court Of New York, Bronx County - People V. Garcia-Cepero , Madeline Zuckerman
Supreme Court Of New York, Bronx County - People V. Garcia-Cepero , Madeline Zuckerman
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Davis , Melissa B. Schlactus
Court Of Appeals Of New York - People V. Davis , Melissa B. Schlactus
Touro Law Review
No abstract provided.
Supreme Court Of New York, Nassau County - Bursac V. Suozzi , Andrew Saraga
Supreme Court Of New York, Nassau County - Bursac V. Suozzi , Andrew Saraga
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Fuentes , Pamela Cullington
Court Of Appeals Of New York - People V. Fuentes , Pamela Cullington
Touro Law Review
No abstract provided.
Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger
Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger
All Faculty Scholarship
Everybody loves great dissents. Professors teach them, students learn from them, and journalists quote them. Yet legal scholars have long puzzled over how dissents actually impact the development of doctrine. Recent work by notable empirical scholars proposes to measure the influence of dissents by reference to their subsequent citation in case law. This Article challenges the theoretical basis for this empirical approach and argues that it fails to account for the profound influence that uncited dissents have exerted in law. To overcome this gap in the empirical approach, this Article proposes an alternative method that permits analysis of contextual and …
Goodyear And Nicastro: Observations From A Transnational And Comparative Perspective, Linda J. Silberman
Goodyear And Nicastro: Observations From A Transnational And Comparative Perspective, Linda J. Silberman
South Carolina Law Review
No abstract provided.
The (Theoretical) Future Of Personal Jurisdiction: Issues Left Open By Goodyear Dunlop Tires V. Brown And J. Mcintyre Machinery V. Nicastro, Roberta Brilmayer, Matthew Smith
The (Theoretical) Future Of Personal Jurisdiction: Issues Left Open By Goodyear Dunlop Tires V. Brown And J. Mcintyre Machinery V. Nicastro, Roberta Brilmayer, Matthew Smith
South Carolina Law Review
No abstract provided.
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron
The Last Common Law Justice: The Personal Jurisdiction Jurisprudence Of Justice John Paul Stevens, Rodger D. Citron
Rodger Citron
No abstract provided.
I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman
I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman
Nevada Law Journal
No abstract provided.
People V. Harnett, Michelle Minarcik
People V. Harnett, Joanna C. Peck
Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue
Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Federal interest in using facial recognition technology (“FRT”) to collect, analyze, and use biometric information is rapidly growing. Despite the swift movement of agencies and contractors into this realm, however, Congress has been virtually silent on the current and potential uses of FRT. No laws directly address facial recognition—much less the pairing of facial recognition with video surveillance—in criminal law. Limits placed on the collection of personally identifiable information, moreover, do not apply. The absence of a statutory framework is a cause for concern. FRT represents the first of a series of next generation biometrics, such as hand geometry, iris, …
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira Robbins
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Prosecutors sometimes use what are known as "bad juror" lists to exclude particular citizens from jury service. Not only does this practice interfere with an open and fair jury-selection process, thus implicating a defendant's right to be tried by a jury of his or her peers, but it also violates potential jurors' rights to serve in this important capacity. But who is on these lists? And is a prosecutor required to disclose the lists to defense counsel? These questions have largely gone unnoticed by legal analysts. This Article addresses the prosecutor's duty to disclose bad-juror lists. It reviews the federal …
Democracy And Criminal Discovery Reform After Connick And Garcetti, Janet Moore
Democracy And Criminal Discovery Reform After Connick And Garcetti, Janet Moore
Faculty Articles and Other Publications
A leading cause of wrongful conviction and wasteful litigation in criminal cases is the nondisclosure of information beneficial to the defense by prosecutors and law enforcement as required by Brady v. Maryland. In Connick v. Thompson and Garcetti v. Ceballos, the Supreme Court weakened Brady’s enforceability by limiting the deterrent force of 42 U.S.C § 1983 liability. Connick highlights Garcetti’s implications as a criminal discovery case, which scholars have not fully analyzed. While Connick restricted § 1983 liability when prosecutors confess to suppressing exculpatory evidence, Garcetti restricted liability when prosecutors are disciplined for bringing Brady evidence to light. …
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins
"Bad Juror" Lists And The Prosecutor's Duty To Disclose, Ira P. Robbins
Ira P. Robbins