Law Commons^™

Criminal Law And Criminal Procedure, John O. Cole, Bonnie K. Cole

Mercer Law Review

In reading over 900 cases in criminal law and criminal procedure during the survey period, the fact that courts find the time to carefully analyze the allegations of error in each case is striking. The difference in the quality of the courts' work is especially striking when compared to the courts of twenty years ago.

Several themes emerge after reading these cases. The first theme is the number of specious arguments raised on appeal. This is due, in large part, to the Georgia Supreme Court's opinion in Huguley v. State in which the court disapproved Anders motions and forced attorneys …

Death Penalty Law, Michael Mears, Holly Geerdes

Mercer Law Review

This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2002 through May 31, 2003.' The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals. Four recent decisions of the Supreme Court of the United States are included

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Rethinking Theft Crimes In Virginia, John G. Douglass

University of Richmond Law Review

No abstract provided.

Compliance Planning For Intellectural Property Crimes, Ray K. Harris, James D. Burgess Fennemore Craig, P.C.

Buffalo Intellectual Property Law Journal

No abstract provided.

Preface, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.

Representing Death-Sentence Appellants, Charles B. Blackmar

The Journal of Appellate Practice and Process

No abstract provided.

Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis

The Journal of Appellate Practice and Process

No abstract provided.

The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman

The Journal of Appellate Practice and Process

No abstract provided.

Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel

The Journal of Appellate Practice and Process

No abstract provided.

Verdugo In Cyberspace: Boundaries Of Fourth Amendment Rights For Foreign Nationals In Cybercrime Cases, Stewart M. Young

Michigan Telecommunications & Technology Law Review

This Comment examines the current legal framework governing Fourth Amendment rights for foreign nationals accused of committing crimes within the United States. Over the past three years, federal courts have tried several cases charging foreign nationals with committing crimes through the use of the Internet; these cases demonstrate a lack of clarity in the standard for warrant requirements regarding these searches. Utilizing these cases, this Comment creates a hypothetical case that presents the issues of Fourth Amendment rights for foreign nationals and seeks to determine how such a question should be answered. It advocates the clear application of United States …

Fundamental Retribution Error: Criminal Justice And The Social Psychology Of Blame, Donald A. Dripps

Vanderbilt Law Review

At least since the M'Naghten case of the 1840s,' Anglo- American criminal law has concerned itself closely, famously, and contentiously with the psychology of the accused. Another significant body of scholarship addresses the psychology of juries, and other valuable research has approached some of the rules of criminal evidence from the perspective of social and cognitive psychology. There has, however, yet to be a general investigation of what social cognition research might teach us about the criminal law's pervasive concern with blameworthiness.

This Article undertakes that investigation. It brings research on the psychology of social cognition to bear on the …

"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

"Lady Madonna, Children At Your Feet": Tragedies At The Intersection Of Motherhood, Mental Illness And The Law, Michelle Oberman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Human Rights & The International Criminal Court, John Shattuck, Valerie Epps, Hurst Hannon

New England Journal of Public Policy

From the EPIIC Symposium at Tufts University. These articles speak about topics on war and the effects that the US government had on it, issues about war crimes, and human rights to name a few.

The Link Between Poverty And Violent Conflict, J. Brian Atwood

New England Journal of Public Policy

The threat to the international system from the many forms of violent conflict, terrorism being the most prominent among them, is greater today than it was at the end of the twentieth century. This escalation of global conflict has been attributed to the breakup of the Soviet State, increasing ethnic tensions, weak governance at both the nation-state and international levels, and the rise of religious extremism. Each of these factors contributes to instability and the social tensions that lead to violence. It will be posited here that there is also a significant link between poverty and violent conflict, one that …

Globalization: New Challenges, Cornelio Sommargua, Robert Jackson, Ramu Damodaran, Philip Bobbitt

New England Journal of Public Policy

From the EPIIC Symposium at Tufts University. These articles speak about topics on war and the effects that the UN has on it, sovereignity, and human rights to name a few.

Postpartum Psychosis And The United States Criminal Justice System, Carrie Quinlan

Buffalo Women's Law Journal

No abstract provided.

Is The End Of The War In Sight: An Analysis Of Canada's Decriminalization Of Marijuana And The Implications For The United States "War On Drugs", Kara Godbehere Goodwin

Buffalo Public Interest Law Journal

No abstract provided.

Transplant Justice?: The Efficacy Of A Purely Common Law Concept In The International Criminal Forum, Theresa Marie Clark

Buffalo Human Rights Law Review

No abstract provided.

The Death Penalty, Extradition, And The War Against Terrorism: U.S. Responses To European Opinion About Capital Punishment, Kathryn F. King

Buffalo Human Rights Law Review

No abstract provided.

Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner

BYU Law Review

No abstract provided.

Reservations About Retribution In Secular Society, Steven F. Huefner

BYU Law Review

No abstract provided.

Guardrails On The Information Superhighway: Supervising Computer Use Of The Adjudicated Sex Offender, Brian W. Mckay

West Virginia Law Review

No abstract provided.

Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen

BYU Law Review

No abstract provided.

Access To Search Warrant Materials: Balancing Competing Interests Pre-Indictment, Michael D. Johnson, Anne E. Gardner

University of Arkansas at Little Rock Law Review

No abstract provided.

Failure To Advise Non-Citizens Of Immigration Consequences Of Criminal Convictions: Should This Be Grounds To Withdraw A Guilty Plea?, John J. Francis

University of Michigan Journal of Law Reform

In this Article, Professor Francis argues that non-citizen criminal defendants should be afforded greater latitude in withdrawing guilty pleas, when those pleas are made without awareness of potential immigration consequences. Moreover, the Article highlights the roles both judges and attorneys should play in ensuring that non-citizens do not enter into such uninformed pleas.

Noting that courts have characterized deportation as a collateral consequence of a criminal conviction, the article argues that deportation, following the passage of the Immigration and Naturalization Act of 1996, is unique in its severity and certainty. Many of the same due process considerations which underpin the …

Is I-Voting I-Llegal?, Brett Stohs

Duke Law & Technology Review

The Voting Rights Act was passed to prevent racial discrimination in all voting booths. Does the existence of a racial digital divide make Internet elections for public office merely a computer geek's pipe dream? Or can i-voting withstand scrutiny under the current state of the law? This i-Brief will consider the current state of the law, and whether disproportionate benefits will be enough to stop this extension of technology dead in its tracks.

The Good, Bad, And Unintended: American Lessons For Cambodia's Effort Against Domestic Violence, Sonja K. Hardenbrook

Washington International Law Journal

Despite numerous laws that guarantee women equal rights and prohibit violence, the current Cambodian legal system has proven inadequate to combat spousal abuse. In response, the Royal Government of Cambodia has proposed a draft-law specifically aimed at domestic violence. However, if enforcement of current Cambodian law in domestic violence situations is any indication, the proposed law has little hope of implementation. Current cultural paradigms make the Cambodian police and the public at large view domestic violence as a private matter rather than a crime. Thus, Cambodia is in need of new strategies to reduce domestic violence. Cambodia is not alone …

Russia's War On Political And Religious Extremism: An Appraisal Of The Law "On Counteracting Extremist Activity", J. Brian Gross

BYU Law Review

No abstract provided.