Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 54

Full-Text Articles in Law

Why Law (School) Matters, Jesse Rutledge, Paul Marcus Sep 2019

Why Law (School) Matters, Jesse Rutledge, Paul Marcus

Paul Marcus

Who are tomorrow’s lawyers? Professor Marcus talks about the declining number of applicants for law school, but the increasing quality of students.


Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus Sep 2019

Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus

Paul Marcus

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 Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus Sep 2019

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, 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 Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus Sep 2019

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, 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 Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus Sep 2019

The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus

Paul Marcus

The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …


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 Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus Sep 2019

The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, 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.


State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus Sep 2019

State Constitutional Protection For Defendants In Criminal Prosecutions, 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.


Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Sep 2019

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Paul Marcus

No abstract provided.


Re-Evaluating Large Multiple-Defendant Criminal Prosecutions, Paul Marcus Sep 2019

Re-Evaluating Large Multiple-Defendant Criminal Prosecutions, Paul Marcus

Paul Marcus

No abstract provided.


Reflecting On The Past, Preparing For The Future: A Q&A With Aals President Paul Marcus, Jim Greif, Paul Marcus Sep 2019

Reflecting On The Past, Preparing For The Future: A Q&A With Aals President Paul Marcus, Jim Greif, Paul Marcus

Paul Marcus

No abstract provided.