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Full-Text Articles in Law

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom Oct 2013

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom

Robert Bloom

No abstract provided.


Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson Oct 2007

Statement Of Steven L. Chanenson Before The United States Sentencing Commission Regarding Retroactivity Of Crack Guidelines Amendments, Steven Chanenson

Steven L. Chanenson

No abstract provided.


The Case Of The Crooked Convictions: Erle Stanley Gardner, Perry Mason, And The Court Of Last Resort, Malinda Seymore Oct 2007

The Case Of The Crooked Convictions: Erle Stanley Gardner, Perry Mason, And The Court Of Last Resort, Malinda Seymore

Malinda L. Seymore

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The Eighth Amendment, The Death Penalty And Ordinary Robbery-Burglary Murderers: A California Case Study, Steven Shatz Aug 2007

The Eighth Amendment, The Death Penalty And Ordinary Robbery-Burglary Murderers: A California Case Study, Steven Shatz

Steven F. Shatz

Beginning with Furman v. Georgia, the Supreme Court's seminal case applying the Eighth Amendment to the death penalty, the Court has developed two principles limiting the states' power to define death-eligibility: the principle from Furman and Zant v. Stephens that states are required to "genuinely narrow" the death-eligible class to avoid the risk of arbitrariness in the imposition of the death penalty and the principle from Enmund v. Florida and Tison v. Arizona that the death penalty is a disproportionate punishment for a particular category of murders when it does not comport with contemporary values and serves no penological purpose. …


Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan Aug 2007

Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan

Darius Whelan

This paper concentrates on fitness for trial in the District Court and deals with the topic under two main headings: firstly, how does the District Court determine fitness for trial and secondly, the consequences of a finding of unfitness for trial. Ireland's Criminal Law (Insanity) Act 2006 introduced significant reforms to this area of law, and the implications for the District Court are reviewed.


Federal Cocaine Sentencing In Transition, Steven Chanenson, Douglas Berman May 2007

Federal Cocaine Sentencing In Transition, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.


Can And Will Information Spur Post-Modern Setencing Reforms?, Steven Chanenson, Douglas Berman Mar 2007

Can And Will Information Spur Post-Modern Setencing Reforms?, Steven Chanenson, Douglas Berman

Steven L. Chanenson

No abstract provided.


Experiencing Leadership: Negotiating Boundaries, Authority, Role, And Task In Organizations, Evangeline Sarda Feb 2007

Experiencing Leadership: Negotiating Boundaries, Authority, Role, And Task In Organizations, Evangeline Sarda

Evangeline Sarda

No abstract provided.


Flying The Plane While Reading The Manual: The Challenge Of Getting The Task Done While Learning To Do It, Evangeline Sarda Feb 2007

Flying The Plane While Reading The Manual: The Challenge Of Getting The Task Done While Learning To Do It, Evangeline Sarda

Evangeline Sarda

No abstract provided.


Against Orthodoxy: Miranda Is Not Prophylactic And The Constitution Is Not Perfect, Lawrence Rosenthal Dec 2006

Against Orthodoxy: Miranda Is Not Prophylactic And The Constitution Is Not Perfect, Lawrence Rosenthal

Lawrence Rosenthal

In the four decades since the decision in Miranda v. Arizona, two point of consensus have emerged about that decision. The first area of agreement is that Miranda’s rationale for requiring its now-famous warnings is wrong, or at least dramatically overstated. In Michigan v. Tucker, the Court first labeled Miranda warnings as “prophylactic standards.” For their part, Miranda’s advocates do not spend much time defending its conception of unwarned custodial interrogation as inherently coercive. The second point of agreement is that Miranda has turned out to be a failure combating the coercive nature of custodial interrogation. Despite Miranda, coerced confessions …


Leadership And The Dynamics Of Dissent In Organizational Life, Evangeline Sarda Dec 2006

Leadership And The Dynamics Of Dissent In Organizational Life, Evangeline Sarda

Evangeline Sarda

No abstract provided.


Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom Dec 2006

Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom

Robert M. Bloom

No abstract provided.


2007 Congressional Testimony On Confidential Informants, Alexandra Natapoff Dec 2006

2007 Congressional Testimony On Confidential Informants, Alexandra Natapoff

Alexandra Natapoff

2007 Hearing before the House Judiciary Committee on the use of confidential criminal informants

https://www.youtube.com/watch?v=Mav9tOvmWcQ


China's Future Lawyers: Some Differences In Education And Outlook, Patricia Ross Mccubbin, Malinda L. Seymore, Andrea Anne Curcio, Llewellyn Joseph Gibbons Dec 2006

China's Future Lawyers: Some Differences In Education And Outlook, Patricia Ross Mccubbin, Malinda L. Seymore, Andrea Anne Curcio, Llewellyn Joseph Gibbons

Malinda L. Seymore

In this short essay, four U.S. professors who recently served as Fulbright Lecturers in Law in China share important observations about China's future lawyers. The authors discuss key differences in the legal education systems of the two countries, noting that the most significant difference is the lack of Chinese training in the critical legal analysis so familiar to U.S.-trained lawyers. The authors also discuss Chinese law students' limited knowledge of the U.S. legal system and U.S. culture generally. This essay seeks to help members of the U.S. legal community understand the different skill sets and information that Chinese lawyers may …


Are All Forms Of Joint Crime Really "Organized Crime"?, Boaz Sangero Dec 2006

Are All Forms Of Joint Crime Really "Organized Crime"?, Boaz Sangero

Prof. Boaz Sangero

It is seemingly possible to think that the new Israeli Combating Criminal Organizations Law, 2003 is a desirable statute. After all – how many struggles are more justified than the fight against organized crime? This Article will demonstrate that, in view of the extensive and comprehensive legislation already existing in Israel prior to the enactment of the new law, there was no need at all for an additional statute. Furthermore, it will show that the excessively broad definition given to the term “criminal organization” is liable to dominate Israeli criminal law and make the already draconian penal code – which …


The Technology Of Surveillance: Will The Supreme Court's Expectations Ever Resemble Society's?, Stephen E. Henderson Dec 2006

The Technology Of Surveillance: Will The Supreme Court's Expectations Ever Resemble Society's?, Stephen E. Henderson

Stephen E Henderson

For law students studying criminal procedure—or at least for those cramming for the exam—it becomes a mantra: government conduct only implicates the Fourth Amendment protection against unreasonable searches if it invades a “reasonable expectation of privacy.” This is not the contemporary definition of the word “search,” nor was it the definition at the time of the founding. But, via a well-intentioned concurrence by Justice Harlan in the famous 1967 case of Katz v. United States, it became the Court’s definition.
This lack of fealty to the English language left some questions. For example, is determining whether someone has a “reasonable …


Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson Dec 2006

Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson

Stephen E Henderson

For at least thirty years the Supreme Court has adhered to its third-party doctrine in interpreting the Fourth Amendment, meaning that so far as a disclosing party is concerned, information in the hands of a third party receives no Fourth Amendment protection. The doctrine was controversial when adopted, has been the target of sustained criticism, and is the predominant reason that the Katz revolution has not been the revolution many hoped it would be. Some forty years after Katz the Court's search jurisprudence largely remains tied to property conceptions. As I have demonstrated elsewhere, however, the doctrine is not the …


Economics Of Plea Bargaining, Richard Adelstein Dec 2006

Economics Of Plea Bargaining, Richard Adelstein

Richard Adelstein

A short summary of earlier work for a sociological audience.