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Full-Text Articles in Law

The Arrest Of Henry Louis Gates, Jr., Donald E. Wilkes Jr. Dec 2010

The Arrest Of Henry Louis Gates, Jr., Donald E. Wilkes Jr.

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Police forces tend to be among the most secretive and least accountable of all organizations. When pressed for accountability or sued for malfeasance, obfuscation and evasiveness are the typical response. The phenomenon is hardly limited to certain countries or societies–the unassailability of police organizations seems to be universal.–Michael H. Fox The serve-and-protect model of police motivation that was drummed into police corps across the country in the aftermath of the response to anti-war demonstrations in the sixties and seventies has been heavily encroached on by the control-and-suppress model.–J. Ackerman The best motto for a police officer is that sticks and …


Fact-Finding Without Facts, Nancy Amoury Combs Aug 2010

Fact-Finding Without Facts, Nancy Amoury Combs

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No abstract provided.


Throttling Miranda: Right Wing Ideologues Support The Government Against The Individual, Donald E. Wilkes Jr. Jul 2010

Throttling Miranda: Right Wing Ideologues Support The Government Against The Individual, Donald E. Wilkes Jr.

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The 1966 Miranda v. Arizona decision is arguably the most important and undeniably the most famous of all U.S. Supreme Court criminal procedure decisions. The noble purpose of this legal landmark is to prevent Americans taken into custody by police on criminal charges from being subjected to improper interrogation practices calculated to compel citizens to incriminate themselves.

Few people realize that since the early 1970s the Supreme Court has been stealthily choking the life out of Miranda. The latest example of this process of slow strangulation occurred a few weeks ago, on June 1, when the Court in Berghuis …


The Stupidest Lawyering Ever, Donald E. Wilkes Jr. Jun 2010

The Stupidest Lawyering Ever, Donald E. Wilkes Jr.

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Last Wednesday and Thursday, June 23 and 24, Georgia death row inmate Troy Davis finally got what he has been seeking for over a decade -- a court hearing allowing him to present newly discovered evidence he is innocent of the murder of off-duty policeman Mark MacPhail. That hearing was a disaster, however, because of the cataclysmic blundering of his own attorneys. As he sat in the federal district courtroom in jail garb and leg irons watching events unfold, Davis must surely have come to the sickening realization that his lawyers were guilty of some of the stupidest lawyering on …


Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl Feb 2010

Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl

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No abstract provided.