Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (35)
- Mercer University School of Law (20)
- Washington and Lee University School of Law (18)
- University of Michigan Law School (7)
- Brigham Young University Law School (5)
-
- UIC School of Law (4)
- Cornell University Law School (3)
- New York Law School (3)
- Selected Works (3)
- University of Colorado Law School (3)
- West Virginia University (3)
- William & Mary Law School (3)
- Campbell University School of Law (2)
- Florida State University College of Law (2)
- Maurer School of Law: Indiana University (2)
- University of Missouri-Kansas City School of Law (2)
- University of Richmond (2)
- University of Washington School of Law (2)
- Villanova University Charles Widger School of Law (2)
- Boston University School of Law (1)
- Columbia Law School (1)
- Loyola University Chicago, School of Law (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Penn State Law (1)
- University of Baltimore Law (1)
- University of Miami Law School (1)
- University of New Hampshire (1)
- University of Oklahoma College of Law (1)
- University of the Pacific (1)
- Keyword
-
- 1990) (32)
- New York (32)
- Federal (31)
- State (31)
- Constitution (28)
-
- N.Y. Cont. Art. I (26)
- Defendant (21)
- Court of Appeals (19)
- § 6 (16)
- Capital punishment (15)
- Supreme Court (13)
- § 1 (12)
- U.S. Cont. Amend. V (10)
- U.S. Cont. Amend. XIV (10)
- Police (9)
- Due process (8)
- United States (8)
- Appellate Division (7)
- U.S. Cont. Amend. VI (7)
- Violated (7)
- Constitutional (6)
- Court (6)
- Criminal (6)
- Judge (6)
- Jury (6)
- Statute (6)
- Trial judge (6)
- § 11 (6)
- Appeal (5)
- Confrontation clause (5)
- Publication
-
- Touro Law Review (35)
- Mercer Law Review (20)
- Capital Defense Journal (14)
- Articles (6)
- Brigham Young University Journal of Public Law (5)
-
- UIC Law Review (4)
- Washington and Lee Law Review (4)
- Cornell Law Faculty Publications (3)
- Publications (3)
- West Virginia Law Review (3)
- Articles by Maurer Faculty (2)
- Campbell Law Review (2)
- Faculty Scholarship (2)
- Faculty Works (2)
- Florida State University Law Review (2)
- Michigan Law Review (2)
- Richard Adelstein (2)
- University of Richmond Law Review (2)
- Villanova Law Review (2)
- All Faculty Scholarship (1)
- Articles & Book Chapters (1)
- Bar Associations (1)
- Criminal Law (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Publications (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Law Faculty Scholarship (1)
- Loyola University Chicago Law Journal (1)
- McGeorge School of Law Scholarly Articles (1)
- Publication Type
Articles 1 - 30 of 134
Full-Text Articles in Law
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii
Michigan Law Review
This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …
Criminal Law, Frank C. Mills Iii
Criminal Law, Frank C. Mills Iii
Mercer Law Review
In the hundreds of cases reviewed for this survey, there were few earthshaking decisions. DNA evidence has arrived in Georgia, and the year and- a-day rule has left. Nevertheless, there are more noteworthy cases than can be adequately addressed in this survey. There are plenty of pitfalls for the unwary. In fact the most notable trend is the ever-increasing number of challenges to former counsel. Prosecutors, defense counsel, and courts are well-advised to use the Checklist for Unified Appeals as a guide in any criminal case.
Due to the significance of the Checklist for Unified Appeal, the author uses a …
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.
Mccleskey V. Zant 111 S. Ct. 1454 (1991)
Mccleskey V. Zant 111 S. Ct. 1454 (1991)
Capital Defense Journal
No abstract provided.
Arizona V. Fulminante 111 S. Ct. 1246, (1991)
Arizona V. Fulminante 111 S. Ct. 1246, (1991)
Capital Defense Journal
No abstract provided.
Litigating The "Vileness" Factor In Virginia, Victor A. Lago
Litigating The "Vileness" Factor In Virginia, Victor A. Lago
Capital Defense Journal
No abstract provided.
Coleman V. Thompson 111 S. Ct. 2546 (1991)
Coleman V. Thompson 111 S. Ct. 2546 (1991)
Capital Defense Journal
No abstract provided.
Ford V. Georgia 111 S. Ct. 850 (1991)
Lankford V. Idaho 111 S. Ct. 1723 (1991)
Lankford V. Idaho 111 S. Ct. 1723 (1991)
Capital Defense Journal
No abstract provided.
Yates V. Evatt 111 S. Ct. 1884 (1991)
Quesinberry V. Commonwealth 241 Va. 364,402 S.E.2d 218 (1991)
Quesinberry V. Commonwealth 241 Va. 364,402 S.E.2d 218 (1991)
Capital Defense Journal
No abstract provided.
The Virginia Supreme Court And Thirteen Years Of Death Sentence Review, Anne E. Mcinerney
The Virginia Supreme Court And Thirteen Years Of Death Sentence Review, Anne E. Mcinerney
Capital Defense Journal
No abstract provided.
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Telling Tales In Court: Trial Procedure And The Story Model, Richard O. Lempert
Articles
There are three ways in which stories may figure prominently at trials. First, litigants may tell stories to jurors. Not only is there some social science evidence that this happens, but trial lawyers have an instinctive sense that this is what they do. Ask a litigator to describe a current case and she is likely to reply, "Our story is ... " Second, jurors may try to make sense of the evidence they receive by fitting it to some story pattern. If so, the process is likely to feed back on itself. That is, jurors are likely to build a …
Mandatory Hiv Testing Of Rape Defendants: Constitutional Rights Are Sacrificed In A Vain Attempt To Assist The Victim, Raymond S. Franks
Mandatory Hiv Testing Of Rape Defendants: Constitutional Rights Are Sacrificed In A Vain Attempt To Assist The Victim, Raymond S. Franks
West Virginia Law Review
No abstract provided.
In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?
In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?
Washington and Lee Law Review
No abstract provided.
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar
Articles
"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
Florida State University Law Review
No abstract provided.
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Minnick V. Mississippi: Additional Protection For The Criminal Defendant, Gabe Hotard Jr.
Minnick V. Mississippi: Additional Protection For The Criminal Defendant, Gabe Hotard Jr.
Mercer Law Review
In Minnick v. Mississippi, the United States Supreme Court held that when counsel is requested by an accused in custody, interrogation of the accused must cease, and officials may not re-initiate interrogation without counsel present, whether or not the accused has consulted with his attorney. The privilege against self-incrimination as guaranteed by the fifth amendment and as developed into its modern form nearly a quarter-century ago in Miranda v. Arizona provided the backbone of the Supreme Court's decision. The Court's holding clarifies the previously unclear issue of whether counsel's presence on behalf of an accused is required at any interrogation …
Constitutional Criminal Procedure, John L. Carroll
Constitutional Criminal Procedure, John L. Carroll
Mercer Law Review
In 1990 the United States Court of Appeals for the Eleventh Circuit was a court in transition. In the Fall of 1989, Judges Roney and Hill took senior status. Then in December of 1989, Judge Vance fell victim to a mail bomb which had been sent to his house. The court then entered 1990 with three vacancies and a tremendous workload. President Bush made appointments to fill two of those vacancies. Judge Birch joined the court on June 12, 1990, and Judge Dubina moved up from the district court of the Middle District of Alabama on October 5, 1990. Despite …
A Child's Well Being V. A Defendant's Right To Confrontation, Todd H. Neuman
A Child's Well Being V. A Defendant's Right To Confrontation, Todd H. Neuman
West Virginia Law Review
No abstract provided.
Current Status Of The Traditional Duty Of The Attorney To Serve Without Compensation Upon Court Appointment, Henry M. Hills
Current Status Of The Traditional Duty Of The Attorney To Serve Without Compensation Upon Court Appointment, Henry M. Hills
West Virginia Law Review
No abstract provided.
Pretrial Drug Testing: Is It Vulnerable To Due Process Challenges?, Peter H. Meyers
Pretrial Drug Testing: Is It Vulnerable To Due Process Challenges?, Peter H. Meyers
Brigham Young University Journal of Public Law
No abstract provided.
Pretrial Drug Testing?An Essential Component Of The National Drug Control Strategy, Reggie B. Walton, Gary J. Peters, J. Anthony Towns
Pretrial Drug Testing?An Essential Component Of The National Drug Control Strategy, Reggie B. Walton, Gary J. Peters, J. Anthony Towns
Brigham Young University Journal of Public Law
No abstract provided.
Pretrial Drug Testing: An Essential Step In Bail Reform, John A. Carver
Pretrial Drug Testing: An Essential Step In Bail Reform, John A. Carver
Brigham Young University Journal of Public Law
No abstract provided.
Consenting To Searches After Being Arrested: Pretrial Drug Testing , David R. Nielson
Consenting To Searches After Being Arrested: Pretrial Drug Testing , David R. Nielson
Brigham Young University Journal of Public Law
No abstract provided.
Survey Of Current And Prior Pretrial Drug Testing Sites, Cynthia Durrant Jensen
Survey Of Current And Prior Pretrial Drug Testing Sites, Cynthia Durrant Jensen
Brigham Young University Journal of Public Law
No abstract provided.
The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar
The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar
Cornell Law Faculty Publications
The year 1991 marks the twenty-fifth anniversary of the publication of Harry Kalven, Jr. and Hans Zeisel's classic work, The American Jury. Arguably one of the most important books in the field of law and social science, this research monograph began the modrn field of jury studies and deeply influenced contemporary understanding of the jury as an institution.
In this essay we assess the book from the vantage point of a quarter- century. First, we provide a historical backdrop by reviewing the activities of the University of Chicago's Jury Project that led to the publication of The American Jury …
Getting The Most And Giving The Least From Virginia's "Mental Mitigation Expert" Statute, Helen L. Konrad
Getting The Most And Giving The Least From Virginia's "Mental Mitigation Expert" Statute, Helen L. Konrad
Capital Defense Journal
No abstract provided.
Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas
Status Of Supreme Court Case Law Helpful To Capital Defendants, Steven K. Herndon, Ginger M. Jonas
Capital Defense Journal
No abstract provided.