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Full-Text Articles in Law

Tragedies Of The Cultural Commons, Etienne C. Toussaint Dec 2022

Tragedies Of The Cultural Commons, Etienne C. Toussaint

Faculty Publications

In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.

This Article uses …


The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth Jan 2015

The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth

Faculty Publications

No abstract provided.


The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman Jan 2015

The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman

Faculty Publications

No abstract provided.


Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller Jan 2013

Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller

Faculty Publications

No abstract provided.


The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller Jan 2013

The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller

Faculty Publications

No abstract provided.


Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman Jan 2013

Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman

Faculty Publications

No abstract provided.


Confrontation In Children's Cases: The Dimensions Of Limited Coverage, Robert P. Mosteller Jan 2012

Confrontation In Children's Cases: The Dimensions Of Limited Coverage, Robert P. Mosteller

Faculty Publications

No abstract provided.


Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii Jan 2012

Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii

Faculty Publications

No abstract provided.


Responding To Mccleskey And Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges In Death Cases, Robert P. Mosteller Jan 2012

Responding To Mccleskey And Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges In Death Cases, Robert P. Mosteller

Faculty Publications

No abstract provided.


Revealing And Thereby Tempering The Abuses Of Government Created Evidence In Criminal Trials, Robert P. Mosteller Jan 2010

Revealing And Thereby Tempering The Abuses Of Government Created Evidence In Criminal Trials, Robert P. Mosteller

Faculty Publications

No abstract provided.


The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun Jan 2010

The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun

Faculty Publications

No abstract provided.


Why Defense Attorneys Cannot, But Do, Care About Innocence, Robert P. Mosteller Jan 2010

Why Defense Attorneys Cannot, But Do, Care About Innocence, Robert P. Mosteller

Faculty Publications

No abstract provided.


The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha Weissman Jan 2010

The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha Weissman

Faculty Publications

No abstract provided.


Protecting The Innocent: Part Of The Solution For Inadequate Funding For Defenders, Not A Panacea For Targeting Justice, Robert P. Mosteller Jan 2010

Protecting The Innocent: Part Of The Solution For Inadequate Funding For Defenders, Not A Panacea For Targeting Justice, Robert P. Mosteller

Faculty Publications

No abstract provided.


Self-Defense, John V. Orth Jan 2010

Self-Defense, John V. Orth

Faculty Publications

No abstract provided.


The Jena Six, Mass Incarceration, And The Remoralization Of Civil Rights, Joseph E. Kennedy Jan 2009

The Jena Six, Mass Incarceration, And The Remoralization Of Civil Rights, Joseph E. Kennedy

Faculty Publications

No abstract provided.


The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing "First Drafts," Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller Jan 2009

The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing "First Drafts," Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller

Faculty Publications

No abstract provided.


Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller Jan 2009

Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller

Faculty Publications

No abstract provided.


Responding To The Time-Based Failures Of The Criminal Law Through A Criminal Sunset Amendment, Richard E. Myers Ii Jan 2008

Responding To The Time-Based Failures Of The Criminal Law Through A Criminal Sunset Amendment, Richard E. Myers Ii

Faculty Publications

No abstract provided.


Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller Jan 2007

Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller

Faculty Publications

No abstract provided.


Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller Jan 2007

Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller

Faculty Publications

No abstract provided.


Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller Jan 2007

Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller

Faculty Publications

No abstract provided.


Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller Jan 2007

Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller

Faculty Publications

No abstract provided.


Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause Jan 2007

Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause

Faculty Publications

No abstract provided.


The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller Jan 2007

The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller

Faculty Publications

No abstract provided.


Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller Jan 2006

Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller

Faculty Publications

No abstract provided.


Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller Jan 2006

Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller

Faculty Publications

No abstract provided.


Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller Jan 2006

Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller

Faculty Publications

High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have sought to justify the harmful decisions made by past generations. Such revisionism, however, threatens the very foundation of reparations theory by persuading the public that redress is unnecessary because historical figures actually committed no injustice by merely acting appropriately, given the historical context in which they lived. This Article seeks to initiate a dialogue regarding how …


Detector Dogs And Probable Cause, Richard E. Myers Ii Jan 2006

Detector Dogs And Probable Cause, Richard E. Myers Ii

Faculty Publications

No abstract provided.


Testimonial And The Formalistic Definition -- The Case For An "Accusatorial" Fix, Robert P. Mosteller Jul 2005

Testimonial And The Formalistic Definition -- The Case For An "Accusatorial" Fix, Robert P. Mosteller

Faculty Publications

No abstract provided.