Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- The University of Akron (148)
- Northwestern Pritzker School of Law (40)
- American University Washington College of Law (21)
- Pace University (15)
- University of Georgia School of Law (15)
-
- University of Richmond (15)
- UIC School of Law (13)
- Fordham Law School (11)
- University of Michigan Law School (11)
- Mitchell Hamline School of Law (9)
- St. John's University School of Law (9)
- Loyola University Chicago, School of Law (8)
- New York Law School (8)
- University of Florida Levin College of Law (8)
- Washington and Lee University School of Law (8)
- William & Mary Law School (8)
- Maurer School of Law: Indiana University (7)
- The Catholic University of America, Columbus School of Law (7)
- Vanderbilt University Law School (7)
- Hamline University (6)
- Seattle University School of Law (6)
- Chicago-Kent College of Law (5)
- Cleveland State University (5)
- Osgoode Hall Law School of York University (5)
- Touro University Jacob D. Fuchsberg Law Center (5)
- Brigham Young University Law School (4)
- Marquette University Law School (4)
- University of Baltimore Law (4)
- University of Montana (4)
- University of Oklahoma College of Law (4)
- Keyword
-
- Criminal law (53)
- Evidence (19)
- Punishment (18)
- Due process (15)
- Crime (14)
-
- Criminal procedure (12)
- Sixth amendment (12)
- Death penalty (10)
- Execution (10)
- Fourth Amendment (10)
- Privacy (10)
- Capital (9)
- Criminal (9)
- Rape (9)
- Sentencing (9)
- Crimes (8)
- Death (8)
- Police (8)
- Search and seizure (8)
- Eighth Amendment (7)
- International Criminal Court (7)
- Neuroscience (7)
- Penalty (7)
- Testimony (7)
- Constitutional Convention (6)
- Constitutional law (6)
- Criminal Law (6)
- Criminal justice (6)
- Criminal justice system (6)
- Defense (6)
- Publication
-
- Akron Law Review (147)
- Journal of Criminal Law and Criminology (32)
- Criminal Law Practitioner (18)
- Georgia Journal of International & Comparative Law (14)
- UIC Law Review (12)
-
- University of Richmond Law Review (12)
- Fordham Law Review (11)
- Pace Law Review (11)
- St. John's Law Review (9)
- William Mitchell Law Review (9)
- Florida Law Review (8)
- NYLS Law Review (8)
- Northwestern University Law Review (8)
- Children's Legal Rights Journal (6)
- Indiana Law Journal (6)
- Washington and Lee Law Review (6)
- Catholic University Law Review (5)
- Chicago-Kent Law Review (5)
- Osgoode Hall Law Journal (5)
- Touro Law Review (5)
- William & Mary Journal of Race, Gender, and Social Justice (5)
- BYU Law Review (4)
- Cleveland State Law Review (4)
- Hamline Law Review (4)
- Marquette Law Review (4)
- Michigan Journal of International Law (4)
- Montana Law Review (4)
- Oklahoma Law Review (4)
- Pace International Law Review (4)
- University of Michigan Journal of Law Reform (4)
Articles 1 - 30 of 472
Full-Text Articles in Law
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
Catholic University Journal of Law and Technology
No abstract provided.
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss
Catholic University Journal of Law and Technology
No abstract provided.
Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari
Explaining Crimmigration In Indonesia: A Discourse Of The Fight Against People Smuggling, Irregular Migration Control, And Symbolic Criminalization, Anugerah Rizki Akbari
Indonesia Law Review
Controlling migration in the world's largest archipelago brings various challenges to Indonesian authorities that differ from other countries. The difficulties become even more complicated since Indonesia has been known as the most favorite transit country for people who want to migrate to Australia due to its strategic geographical location, which is situated between the continents of Asia and Australia and between the Pacific and Indian oceans. Following this, the decision of choosing the mechanism of criminal law to deal with irregular migration from the start leads Indonesia to its acknowledgment as a country who is vulnerable to the trend of …
Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic
Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic
City University of New York Law Review
No abstract provided.
Protecting Victims Of Domestic Assault: Upholding The Use Of Uncounseled Tribal Court Domestic Assault Convictions To Establish Federal Habitual Domestic Assault Charges, Joanna Adu
American Indian Law Journal
No abstract provided.
Ensuring Insurance: Adequate And Appropriate Coverage For Brady Claims In Illinois, Joe Delich
Ensuring Insurance: Adequate And Appropriate Coverage For Brady Claims In Illinois, Joe Delich
Northwestern University Law Review
The increase in wrongful conviction litigation has engendered a number of new doctrinal problems. This Note examines the existing rules governing insurance coverage for wrongful-conviction-related torts, in particular, due process claims for Brady violations. It then explores the rationale for the continuous trigger doctrine in the asbestos context, and argues that wrongful conviction claims call for a similar approach due to comparable latency concerns. There is a particular focus on Illinois law due to the state’s prevalence of wrongful conviction litigation and recent shifts in the law governing insurance triggers for malicious prosecution.
Under School Colors: Private University Police As State Actors Under § 1983, Leigh J. Jahnig
Under School Colors: Private University Police As State Actors Under § 1983, Leigh J. Jahnig
Northwestern University Law Review
Under 42 U.S.C. § 1983, individuals may sue those who violate their constitutional rights while acting under color of state law. The Supreme Court has held that private actors may act under color of state law, and may be sued under § 1983 in some circumstances. However, courts have not been consistent in determining whether private university police forces act under color of state law. Private universities often maintain police forces that are given extensive police powers by state statutes but are controlled by private entities. Some courts have looked directly to the state statutes that delegate police power, but …
Crawford's Last Stand? What Melendez-Diaz V. Massachusetts Means For The Confrontation Clause And For Criminal Trials, Elizabeth Stevens
Crawford's Last Stand? What Melendez-Diaz V. Massachusetts Means For The Confrontation Clause And For Criminal Trials, Elizabeth Stevens
ConLawNOW
The Supreme Court’s recent decision in Melendez-Diaz v. Massachusetts heralds a dramatic change for Confrontation Clause jurisprudence and for most criminal trials. Crawford v. Washington held that “testimonial” statements were admissible only if the accused had a prior opportunity to cross-examine the witness. Melendez-Diaz applied this rule to forensic evidence, holding that certificates of analysis – used in a drug trail to prove the nature and weight of the proscribed substances, and sworn to and signed by the analysts who performed the tests – are testimonial.
This article analyzes Melendez-Diaz’s implications for the Court’s Confrontation Clause jurisprudence and for the …
The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer
The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer
Georgia Journal of International & Comparative Law
No abstract provided.
Applying Citizens United To Ordinary Corruption: With A Note On Blagojevich, Mcdonnell, And The Criminalization Of Politics, George D. Brown
Applying Citizens United To Ordinary Corruption: With A Note On Blagojevich, Mcdonnell, And The Criminalization Of Politics, George D. Brown
Notre Dame Law Review
Federal criminal law frequently deals with the problem of corruption in the form of purchased political influence. There appear to be two distinct bodies of federal anticorruption law: one concerning constitutional issues in the prevention of corruption through campaign finance regulation, and one addressing corruption in the form of such crimes as bribery, extortion by public officials, and gratuities to them. The latter body of law primarily presents issues of statutory construction, but it may be desirable for courts approaching these issues to have an animating theory of what corruption is and how to deal with it. At the moment, …
Collateral Consequences And The Preventive State, Sandra G. Mayson
Collateral Consequences And The Preventive State, Sandra G. Mayson
Notre Dame Law Review
Approximately eight percent of adults in the United States have a felony conviction. The “collateral consequences” of criminal conviction (CCs)—legal disabilities imposed by legislatures on the basis of conviction, but not as part of the sentence—have relegated that group to permanent second-class legal status. Despite the breadth and significance of this demotion, the Constitution has provided no check; courts have almost uniformly rejected constitutional challenges to CCs. Among scholars, practitioners and mainstream media, a consensus has emerged that the courts have erred by failing to recognize CCs as a form of additional punishment. Courts should correct course by classifying CCs …
Criminal Law, Bernadette C. Crucilla
Criminal Law, Bernadette C. Crucilla
Mercer Law Review
The dynamic nature of criminal law is a result of the ongoing struggle between those who prosecute individuals charged with crimes and those who defend them. It is, therefore, not practical to try to include every change in criminal law occurring during a particular survey period. I have sifted through the cases and statutory amendments from June 1, 2014 through May 31, 2015 and selected those with the widest application or interest to criminal law practitioners.
Disciplinary Segregation: How The Punitive Solitary Confinement Policy In Federal Prisons Violates The Due Process Clause Of The Fifth Amendment In Spite Of Sandin V. Conner, Grant Henderson
Marquette Law Review
In 1995, the Supreme Court decided Sandin v. Connor, which held inmates did not have a protected liberty interest requiring due process before being placed in solitary confinement. With the increasing problems in the criminal justice systems nationwide, or perhaps a renewed interest in those problems, the public has turned its attention to the plight of the incarcerated. This Comment seeks to flush out the reasoning the Court provided in Sandin and understand the impacts of the “atypical and significant hardship” on subsequent prisoner litigation, chiefly involving solitary confinement. Following the legal analysis of cases, this Comment will view …
You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor
You Have The Right To Be Confused! Understanding Miranda After 50 Years, Bryan Taylor
Pace Law Review
Part I of this article briefly explores the background and historical context that ultimately led to the Miranda decision. As the late Dr. Carl Sagan once said, “you have to know the past to understand the present.” Understanding the circumstances and cases leading up to Miranda helps in the overall application of Miranda to cases of today. Part II addresses whether a statement should be allowed into evidence and provides a practical working approach to conduct a Miranda analysis. This innovative approach provides a step-by-step process in determining the admissibility of statements pursuant to Miranda and its progeny. This process …
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian
Pace Law Review
Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …
Plea Bargaining As Dialogue, Rinat Kitai-Sangero
Plea Bargaining As Dialogue, Rinat Kitai-Sangero
Akron Law Review
This Article proposes turning plea bargaining into a dialogical process, which would result in lessening a defendant’s sense of alienation during the progress of the criminal justice procedure. This Article argues that plea bargaining constitutes an opportunity to circumvent restrictions existing during a trial or outside a trial, such as the inadmissibility of character evidence and the need for the victim's consent in restorative justice proceedings. This Article proposes to navigate the plea bargaining process in a way that creates a real dialogue with defendants. Such a dialogue can reduce the sense of alienation that defendants feel from their position …
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher
BYU Law Review
No abstract provided.
Toward A Socially Responsible Application Of The Criminal Law To The Problem Of Street Harassment, Maeve Olney
Toward A Socially Responsible Application Of The Criminal Law To The Problem Of Street Harassment, Maeve Olney
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Barry Law Review
No abstract provided.
Criminal Ambiguity: Redefining The Clean Water Act’S Mens Rea Requirements, Bobby Yu
Criminal Ambiguity: Redefining The Clean Water Act’S Mens Rea Requirements, Bobby Yu
Seton Hall Circuit Review
No abstract provided.
The Need For Speed And Judicial Notice: New York's Admissibility Of Lidar Technology In Law Enforcement, John D. Chillemi
The Need For Speed And Judicial Notice: New York's Admissibility Of Lidar Technology In Law Enforcement, John D. Chillemi
St. John's Law Review
(Excerpt)
Focusing at the state level, this Note proposes to establish uniformity within New York State by means of judicial notice or legislative action. Part I provides a history, background, and the development of LIDAR, commencing with its predecessor, radar. It discusses LIDAR’s technical workings and the importance of its current usage to law enforcement. Part I also compares LIDAR to radar, which is nationally accepted. Part II explores New York’s adherence to the admissibility standard set forth in Frye v. United States, and shows how New York’s lower courts have been approaching the issue by analyzing several court …
Breaking Bad Science: Due Process As A Vehicle For Postconviction Relief When Convictions Are Based On Unreliable Scientific Evidence, Vincent P. Iannece
Breaking Bad Science: Due Process As A Vehicle For Postconviction Relief When Convictions Are Based On Unreliable Scientific Evidence, Vincent P. Iannece
St. John's Law Review
(Excerpt)
This Note argues that due process requires a new trial when scientific evidence necessary to the conviction becomes so unreliable as to call the validity of the jury’s verdict into question. Part I of this Note discusses how scientific evidence is admitted, the procedure for a convicted defendant’s postconviction relief once that evidence is deemed unreliable, and the constitutional protections that a convicted defendant is afforded under the Due Process Clause of the Fourteenth Amendment. Part II of this Note examines the divide among appellate courts as to whether the Due Process Clause requires a new trial when a …
Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt
Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt
Seattle University Law Review
On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified to …
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu
Seattle University Law Review
A vehicle on a public thoroughfare is observed driving erratically and careening across the roadway. After the vehicle strikes another passenger car and comes to a stop, the responding officer notices in the driver the telltale symptoms of intoxication—bloodshot eyes, slurred speech, and a distinct odor of intoxicants. On these facts, a lawfully-procured warrant authorizing the extraction of the driver’s blood is obtained. However, the document fails to circumscribe the manner and variety of testing that may be performed on the sample. Does this lack of particularity render the warrant constitutionally infirm as a mandate for chemical analysis of the …
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Seattle University Law Review
Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …
Criminal Law And Procedure, Aaron J. Campbell
Criminal Law And Procedure, Aaron J. Campbell
University of Richmond Law Review
No abstract provided.
Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau
Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau
University of Richmond Law Review
No abstract provided.
Alternative Courts And Drug Treatment: Finding A Rehabilitative Solution For Addicts In A Retributive System, Molly K. Webster
Alternative Courts And Drug Treatment: Finding A Rehabilitative Solution For Addicts In A Retributive System, Molly K. Webster
Fordham Law Review
Sentencing drug crimes and treating drug-addicted defendants often stem from contradictory theories of punishment. In the late twentieth century, courts traded rehabilitation for retributive ideals to fight the “War on Drugs.” However, beginning with the Miami-Dade Drug Court, treatment and rehabilitation have returned to the forefront of sentencing policy in traditional and alternative drug courts.
Jurisdictions have implemented a variety of policies designed to treat addiction as opposed to punishing it. Community courts, such as the Red Hook Community Justice Center in Brooklyn, New York, community-panel drug courts, such as the Woodbury County Community Drug Court in Iowa, and Hawaii’s …
Consequences Of Reform: Penny Pether On Rape Law In Illinois And Australia, Mark Sanders
Consequences Of Reform: Penny Pether On Rape Law In Illinois And Australia, Mark Sanders
Villanova Law Review
No abstract provided.
How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew
How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew
BYU Law Review
No abstract provided.