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Articles 61 - 73 of 73
Full-Text Articles in Law
Restoring The Confrontation Clause To The Sixth Amendment, Randolph N. Jonakait
Restoring The Confrontation Clause To The Sixth Amendment, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Attending To Legal Tender: The Perils Of Structuring Currency Transactions To Avoid Treasury's Reporting Requirements, Leonard R. Rosenblatt, Lawrence S. Feld
Attending To Legal Tender: The Perils Of Structuring Currency Transactions To Avoid Treasury's Reporting Requirements, Leonard R. Rosenblatt, Lawrence S. Feld
Articles & Chapters
No abstract provided.
Lawyer Beware: The Use Of Counsel's Statements As Evidence Against His Client In Tax Fraud Cases, Lawrence S. Feld, Leonard R. Rosenblatt
Lawyer Beware: The Use Of Counsel's Statements As Evidence Against His Client In Tax Fraud Cases, Lawrence S. Feld, Leonard R. Rosenblatt
Articles & Chapters
No abstract provided.
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler
Articles & Chapters
The Supreme Court in its 1971 decision of Younger v. Harris prohibited federal court intervention in pending state criminal proceedings in the absence of special circumstances. This Article examines the Younger doctrine from a modern perspective and argues for its abolition. The Article shows that abstention in cases seeking reform of state criminal justice systems is inconsistent with federal court activism in other areas. It argues that state judges are not entitled to greater deference by federal courts than other state officials. It then explains why federal injunctive relief is essential to achieve systemic reform of state criminal justice. Finally, …
Beyond 1984: Undercover In America–Serpico To Abscam, Robert Blecker
Beyond 1984: Undercover In America–Serpico To Abscam, Robert Blecker
Articles & Chapters
No abstract provided.
Pleading The Entrapment Defense: The Propriety Of Inconsistency, Michael H. Roffer
Pleading The Entrapment Defense: The Propriety Of Inconsistency, Michael H. Roffer
Articles & Chapters
No abstract provided.
When Blood Is Their Argument: Probabilities In Criminal Cases, Genetic Markers, And, Once Again, Bayes' Theorem, Randolph N. Jonakait
When Blood Is Their Argument: Probabilities In Criminal Cases, Genetic Markers, And, Once Again, Bayes' Theorem, Randolph N. Jonakait
Articles & Chapters
Revolutionary advances in blood typing soon will cause a dramatic increase in the presentation of statistical evidence in criminal trials. Courts have admitted statistics into criminal trials before, and the proper use of this type of evidence has been debated previously. Until now, however, such mathematical evidence has been rare. Recently, however, a number of courts have admitted probability evidence derived from new and complex blood tests. Such evidence may soon be as commonplace as fingerprint testimony. The courts that have admitted this evidence, however, have done so without learning from past discussions about the proper role of statistical evidence. …
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
Articles & Chapters
Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.
Will Blood Tell Genetic Markers In Criminal Cases?, Randolph N. Jonakait
Will Blood Tell Genetic Markers In Criminal Cases?, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Reliable Identification: Could The Supreme Court Tell In Manson V. Brathwaite, Randolph N. Jonakait
Reliable Identification: Could The Supreme Court Tell In Manson V. Brathwaite, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald Doernberg, Donald H. Zeigler
Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald Doernberg, Donald H. Zeigler
Articles & Chapters
This article, based on a comprehensive empirical study of New York's computerized criminal history information system and on national surveys of similar systems, concludes that current regulations governing the dispersion of criminal history information are grossly inadequate. Although information drawn from computerized criminal history files is often inaccurate, incomplete, ambiguous or inappropriate, criminal justice officials and judges routinely use such information in making decisions affecting defendants' liberty. This practice is unconstitutional, and the article suggests ways to regulate criminal history information systems that would protect a defendant's right not to be deprived of liberty without due process of law.
Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein
Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein
Articles & Chapters
No abstract provided.
The Insanity Defense In English-Speaking African Countries, Michael L. Perlin
The Insanity Defense In English-Speaking African Countries, Michael L. Perlin
Articles & Chapters
No abstract provided.