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Articles 241 - 270 of 329
Full-Text Articles in Law
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Journal Articles
When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …
The American "Adversary System"?, William T. Pizzi
Race And Criminal Justice, Richard B. Collins
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin
Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin
Vanderbilt Law School Faculty Publications
If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny," two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that a particular side wins that it is willing with some frequency to sacrifice the most basic attribute of any court worthy of the name-the appearance of fairness. This conclusion is a much more fundamental challenge to the Court's integrity than is the simple acknowledgement that a majority of the Justices are biased in favor of the government. Second, to the extent the Court's unfairness becomes common knowledge, its …
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Publications
No abstract provided.
Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley
Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Warren Court And Criminal Justice, Yale Kamisar
The Warren Court And Criminal Justice, Yale Kamisar
Book Chapters
Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda.
Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager
Faculty Scholarship
Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
Publications
No abstract provided.
The Consent Exception To The Warrant Requirement, H. Patrick Furman
The Consent Exception To The Warrant Requirement, H. Patrick Furman
Publications
No abstract provided.
Some Worries About Sentencing Guidelines, William T. Pizzi
Some Worries About Sentencing Guidelines, William T. Pizzi
Publications
No abstract provided.
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Publications
No abstract provided.
Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman
Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Law Faculty Publications
No abstract provided.
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
1992 Criminal Law Legislative Update, H. Patrick Furman
1992 Criminal Law Legislative Update, H. Patrick Furman
Publications
No abstract provided.
New York Law School — Final Examinations, Roger J. Miner '56
New York Law School — Final Examinations, Roger J. Miner '56
New York Law School Events and Publications
No abstract provided.
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Publications
No abstract provided.
Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman
Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman
Publications
No abstract provided.
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Publications
No abstract provided.
Book Review, William T. Pizzi
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley
Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner
The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner
Law Faculty Publications
No abstract provided.
The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis
The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis
Scholarly Works
The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …
Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley
Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby
The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby
Articles
No abstract provided.
The Right To Counsel Under Attack, David Rudovsky
The Right To Counsel Under Attack, David Rudovsky
All Faculty Scholarship
No abstract provided.