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Full-Text Articles in Law
Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen
Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen
BYU Law Review
No abstract provided.
Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce
Juvenile Miranda Waivers: A Reasonable Alternative To The Totality Of The Circumstances Approach, Jean Pierce
BYU Law Review
No abstract provided.
Getting Brady Right: Why Extending Brady V. Maryland’S Trial Right To Plea Negotiations Better Protects A Defendant’S Constitutional Rights In The Modern Legal Era, James M. Grossman
Getting Brady Right: Why Extending Brady V. Maryland’S Trial Right To Plea Negotiations Better Protects A Defendant’S Constitutional Rights In The Modern Legal Era, James M. Grossman
BYU Law Review
No abstract provided.
Disentangling Flight Risk From Dangerousness, Lauryn P. Gouldin
Disentangling Flight Risk From Dangerousness, Lauryn P. Gouldin
BYU Law Review
There is a growing national consensus about the urgent need to shrink the population of pretrial detainees and to fix our broken money bail system. Even as scholars and reformers are showing renewed interest in pretrial detention and bail, however, they have neglected a fundamental pretrial problem: the conflation (by judges and in statutes) of flight risk and danger. Reformers have offered up an array of proposals and increasingly sophisticated risk assessment tools that promise to improve judicial decision-making, but many of these tools merge flight risk and danger in ways that reinforce problematic legislative and judicial practices.
This Article …
Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight
Jury Nullification As A Tool To Balance The Demands Of Law And Justice, Aaron Mcknight
BYU Law Review
No abstract provided.
Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson
Implicit Balancing In The Adjudication Of Criminal Law, Aaron Arnson
BYU Law Review
No abstract provided.
United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton
United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton
BYU Law Review
No abstract provided.
Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam
Making Appearances Matter: Recusal And The Appearance Of Bias, Dmitry Bam
BYU Law Review
No abstract provided.
Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White
BYU Law Review
No abstract provided.
Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt
Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt
BYU Law Review
No abstract provided.
Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt
Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt
BYU Law Review
No abstract provided.
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
But What If The Court Reporter Is Lying? The Right To Confront Hidden Declarants Found In Transcripts Of Former Testimony, Peter Nicolas
BYU Law Review
No abstract provided.
Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen
Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen
BYU Law Review
No abstract provided.
A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis
A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis
BYU Law Review
No abstract provided.
No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin
No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin
BYU Law Review
No abstract provided.
The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz
The Stigma Of Conviction: Coram Nobis, Civil Disabilities, And The Right To Clear One's Name, David Wolitz
BYU Law Review
No abstract provided.
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs
BYU Law Review
No abstract provided.
Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil
Who Gets Counted? Jury List Representativeness For Hispanics In Areas With Growing Hispanic Populations Under Duren V. Missouri, Stephen E. Reil
BYU Law Review
No abstract provided.
Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell
Fixing The Constable's Blunder: Can One Trial Judge In One County In One State Nudge A Nation Beyond The Exclusionary Rule?, H. Mitchell Caldwell
BYU Law Review
No abstract provided.
Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell
Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell
BYU Law Review
No abstract provided.
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns
BYU Law Review
No abstract provided.
The (So-Called) Liability Of Criminal Defense Attorneys: A System In Need Of Reform, Meredith J. Duncan
The (So-Called) Liability Of Criminal Defense Attorneys: A System In Need Of Reform, Meredith J. Duncan
BYU Law Review
No abstract provided.
Undoing Miranda, Michael Edmund O'Neill
Who Makes The Call? Sentencing The Firearm User Under 18 U.S.C. § 924(C) Inunited States V. Alborola-Rodriguez, David J. Williams
Who Makes The Call? Sentencing The Firearm User Under 18 U.S.C. § 924(C) Inunited States V. Alborola-Rodriguez, David J. Williams
BYU Law Review
No abstract provided.
The Independent Counsel Statute: A Premature Demise, Julian A. Cook Iii
The Independent Counsel Statute: A Premature Demise, Julian A. Cook Iii
BYU Law Review
No abstract provided.
On Multiculturalism, Concepts Of Crime, And The "De Minimis" Defense, Stanislaw Pomorski
On Multiculturalism, Concepts Of Crime, And The "De Minimis" Defense, Stanislaw Pomorski
BYU Law Review
No abstract provided.
Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson
Putting The Halper Genie Back In The Bottle: Examining United States U. Ursery In Light Of Halper, Austin, And Kurth Ranch, Sarah Jean Watterson
BYU Law Review
No abstract provided.
Visions Of Habeas, David Mccord
The Federal Prisoner Collateral Attack: Requiescat In Pace, Josephine R. Potuto
The Federal Prisoner Collateral Attack: Requiescat In Pace, Josephine R. Potuto
BYU Law Review
No abstract provided.
Jury Instructions For Civil And Criminal Rico Cases Approved By: Rico Cases Committee, Criminal Justice Section Of The American Bar Association
BYU Law Review
No abstract provided.