Law Commons^™

Achieving Prompt Criminal Trials In New York, W. David Curtiss

Cornell Law Faculty Publications

During the past two years there have been several significant developments in New York related to achieving prompt trials in criminal prosecutions. These developments, which include judicial decisions, administrative rules and legislative enactments, come into special focus when delay in the trial of criminal cases is attributable to calendar congestion and the need for additional personnel and facilities. This article will examine these decisions, rules and statutes, with particular reference to their relationship to basic principles of judicial administration.

Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.

St. Mary's Law Journal

Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …

1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn

St. Mary's Law Journal

Abstract Forthcoming.

Statistical Studies Of The Costs Of Six-Man Versus Twelve-Man Juries, William R. Pabst Jr.

William & Mary Law Review

No abstract provided.

The Dilemma Of The "Uniquely Juvenile" Offender

William & Mary Law Review

No abstract provided.

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Hurtado V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Orito, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Almeida-Sanchez V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Schneckloth V. Bustamonte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Palmore V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Dionisio, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Use Of The Income Tax Return In Unrelated Criminal Prosecutions: Garner V. United States

William & Mary Law Review

No abstract provided.

The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost

West Virginia Law Review

Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.

A Reconsideration Of Limiting Perjury Prosecutions By Collateral Estoppel

Washington and Lee Law Review

No abstract provided.

Out-Of-State Witnesses And Compulsory Process: The Indigent Defendant's Rights

Washington and Lee Law Review

No abstract provided.

Miller V. California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rehabilitation And Occupational Licensing: A Conflict Of Interests, Brian Bromberger

William & Mary Law Review

No abstract provided.

Criminal Procedure—Right To Counsel In Investigative Grand Jury Proceedings: Washington Criminal Investigatory Act Of 1971—R.C.W. §§ 10.27.120-.140 (1971), Anon

Washington Law Review

The Criminal Investigatory Act's provision for counsel appears justified when one considers the witness' delicate position and recent extensions of the right to counsel at other stages of the criminal process. Washington's statute, however, is a significant departure from grand jury protections provided in other jurisdictions because it provides for the presence of counsel as a matter of right. This note examines the policy basis for Washington's statute and the effect this additional protection for the witness may have on the investigative efficiency of the grand jury.

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

Antitrust--Sham Exception--Allegations of Purposeful and Concerted Use of Adjudicatory Processes to Harass and Deter Parties From Having Free Access to These Processes Constitute a Cause of Action Under Antitrust Laws

====================

Criminal Procedure--Confessions--Determination of Confession's Voluntariness by Preponderance of the Evidence Is Not Violative of Fifth Amendment Prohibition Against Self-Incrimination

====================

Landlord and Tenant--Forcible Entry and Detainer Statute--Provisions for Immediate Trial and Limitation of Triable Issues Not Violative of Due Process or Equal-Protection Clauses

=====================

Securities Regulation-Section 16(b) of Securities Exchange Act of 1934--Insider May Sell Enough Stock To Bring His Holdings Below Ten Percent and Within Six …

Trial Procedure - Bombshell Instruction For Deadlocked Juries: Aba Standard Replaces Allen Charge In District Of Columbia. United States V. Thomas, 449 F.2d 1177 (D.C. Cir. 1971), J. Grant Corboy

William & Mary Law Review

No abstract provided.

Grand Jury Witness Has Standing As An Aggrieved Person And May Suppress Evidence Obtained As A Result Of An Illegal Wiretap., Terrence W. Mcdonald

St. Mary's Law Journal

Abstract Forthcoming.

The Admissibility Of Polygraph Results In Criminal Trials: A Case For The Status Quo, Lee J. Radek

Loyola University Chicago Law Journal

No abstract provided.

An Eclectic Approach To Impeachment By Prior Convictions, Lawrence A. Margolis

University of Michigan Journal of Law Reform

Almost every state permits persons convicted of a crime to testify in either their own or another person's behalf. Nonetheless, these states allow evidence of a person's prior criminal conviction to be used to impeach his credibility. The use of this method of impeachment in criminal trials has been the subject of substantial adverse criticism; yet, the practice remains widespread. This article first will discuss the problems that arise from the use of prior conviction evidence for impeachment purposes in criminal trials and then will examine several proposals that would restrict the use of such evidence. Finally, the article will …

Federal Jurisdiction - In The Absence Of Bad Faith Harassment By State Authorities, The Mere Showing Of A Chilling Effect On First Amendment Freedoms Held Insufficient To Warrant A Federal Injunction Staying State Criminal Proceedings, Robert W. Sheppy

Loyola University Chicago Law Journal

No abstract provided.

Criminal Procedure- Virginia's Limited Use Of A Two-Trial System

University of Richmond Law Review

It has long been the general assumption in criminal cases in the United States that the fair trial provided for by the Federal Constitution contemplates a unitary one wherein all of the issues are deliberated within a single proceeding, with verdict, and punishment if any, in the form of a single pronouncement. A recent Virginia case, however, has held that the issues of guilt and punishment are severable and may be tried separately where particular circumstances exist.

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

Self-Incrimination: Choosing A Constitutional Immunity Standard - Kastigar V. United States

Maryland Law Review

No abstract provided.