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Full-Text Articles in Law

State Bd. Of Parole Comm’Rs V. Second Judicial Dist. Court, 135 Nev. Adv. Op. 53 (Oct. 24, 2019) (En Banc), Dallas Anselmo Oct 2019

State Bd. Of Parole Comm’Rs V. Second Judicial Dist. Court, 135 Nev. Adv. Op. 53 (Oct. 24, 2019) (En Banc), Dallas Anselmo

Nevada Supreme Court Summaries

The Court confronted several issues in this methodical decision. The Court addressed standing and discretionary review in the context of writ petitions. It next analyzes and determines the applicable version of a particular NRS section. Finally, the Court interprets the applicable version of the statute. The opinion culminates in the granting of a writ of mandamus petition for the Parole Board to correct an inaccurate application of law at the district court level.


Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby Oct 2019

Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby

The Scholar: St. Mary's Law Review on Race and Social Justice

For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this ...


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Why Do We Admit Criminal Confessions Into Evidence?, David Crump Sep 2019

Why Do We Admit Criminal Confessions Into Evidence?, David Crump

Seattle University Law Review

There is an enormous literature about the admissibility of criminal confessions. But almost all of it deals with issues related to self-incrimination or, to a lesser extent, with hearsay or accuracy concerns. As a result, the question whether we ever admit criminal confessions into evidence has not been the subject of much analysis. This gap is odd, since confessions are implicitly disfavored by a proportion of the literature and they often collide with exclusionary doctrines. Furthermore, the self-incrimination issue sometimes is resolved by balancing, and it would help if we knew what we were balancing. Therefore, one might ask: Why ...


The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron Sep 2019

The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron

Neal E. Devins

No abstract provided.


Prisoners' Rights, Timothy Zick Sep 2019

Prisoners' Rights, Timothy Zick

Timothy Zick

No abstract provided.


Introductory Remarks: Criminal Law Panel, Cynthia V. Ward Sep 2019

Introductory Remarks: Criminal Law Panel, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


Punishing Children In The Criminal Law, Cynthia V. Ward Sep 2019

Punishing Children In The Criminal Law, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


"Stand Your Ground" And Self Defense, Cynthia Ward Sep 2019

"Stand Your Ground" And Self Defense, Cynthia Ward

Cynthia V. Ward

No abstract provided.


David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan Sep 2019

David Leon Riley V. State Of California And United States Of America V. Brima Wurie: Brief Of Amici Curiae Criminal Law Professors In Support Of Petitioner Riley And Respondent Wurie, Adam M. Gershowitz, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan

Patricia E. Roberts

No abstract provided.


White Collar Crime: A Legal Overview, Paul Marcus Sep 2019

White Collar Crime: A Legal Overview, Paul Marcus

Paul Marcus

No abstract provided.


The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus Sep 2019

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Paul Marcus

No abstract provided.


Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus Sep 2019

Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus

Paul Marcus

No abstract provided.


Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus Sep 2019

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Paul Marcus

No abstract provided.


The United States Criminal Justice System: A Brief Overview, Paul Marcus Sep 2019

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Paul Marcus

No abstract provided.


The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus Sep 2019

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Paul Marcus

No abstract provided.


The Miranda Custody Requirement And Juveniles, Paul Marcus Sep 2019

The Miranda Custody Requirement And Juveniles, Paul Marcus

Paul Marcus

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth ...


The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus Sep 2019

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Paul Marcus

No abstract provided.


The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus Sep 2019

The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus

Paul Marcus

No abstract provided.


The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus Sep 2019

The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus

Paul Marcus

The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state ...


The Fall And Rise Of The Entrapment Defense, Paul Marcus Sep 2019

The Fall And Rise Of The Entrapment Defense, Paul Marcus

Paul Marcus

No abstract provided.


The Exclusion Of Evidence In The United States, Paul Marcus Sep 2019

The Exclusion Of Evidence In The United States, Paul Marcus

Paul Marcus

No abstract provided.


The Entrapment Defense: An Interview, Paul Marcus Sep 2019

The Entrapment Defense: An Interview, Paul Marcus

Paul Marcus

No abstract provided.


The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus Sep 2019

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Paul Marcus

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.


The Development Of Entrapment Law, Paul Marcus Sep 2019

The Development Of Entrapment Law, Paul Marcus

Paul Marcus

No abstract provided.


The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus Sep 2019

The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus

Paul Marcus

No abstract provided.


The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus Sep 2019

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Paul Marcus

No abstract provided.


The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus Sep 2019

The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus

Paul Marcus

No abstract provided.


The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus Sep 2019

The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus

Paul Marcus

No abstract provided.


Proving Entrapment Under The Predisposition Test, Paul Marcus Sep 2019

Proving Entrapment Under The Predisposition Test, Paul Marcus

Paul Marcus

No abstract provided.