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Articles 1 - 29 of 29
Full-Text Articles in Law
Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Al-Shabazz V. State: Excluding Noncollateral Claims From The Scope Of Post-Conviction Relief, D. Josev Brewer
Al-Shabazz V. State: Excluding Noncollateral Claims From The Scope Of Post-Conviction Relief, D. Josev Brewer
South Carolina Law Review
No abstract provided.
Circumventing The Fourth Amendment Via The Special Needs Doctrine To Prosecute Pregnant Drug Users: Ferguson V. City Of Charleston, Carmen Vaughn
Circumventing The Fourth Amendment Via The Special Needs Doctrine To Prosecute Pregnant Drug Users: Ferguson V. City Of Charleston, Carmen Vaughn
South Carolina Law Review
No abstract provided.
Circumventing The Fourth Amendment Via The Special Needs Doctrine To Prosecute Pregnant Drug Users: Ferguson V. City Of Charleston, Carmen Vaughn
Circumventing The Fourth Amendment Via The Special Needs Doctrine To Prosecute Pregnant Drug Users: Ferguson V. City Of Charleston, Carmen Vaughn
South Carolina Law Review
No abstract provided.
Equity And Criminal Law, Howard Brill
Equity And Criminal Law, Howard Brill
School of Law Faculty Publications and Presentations
The relationship between courts of equity and the criminal law in Arkansas is laid out by two black letter rules: (1) equity will not enjoin a criminal prosecution, and (2) equity will not enjoin a crime. The basis of both rules is that equity should not intervene in criminal courts, unless no other remedy in the court of law exists. However, the exceptions allowed for each rule are different. Exceptions to the first rule include: cases involving property rights, multiple prosecutions, unlawful exactions, or prosecutions made in bad faith. The second rule allows for an exception when a criminal punishment …
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …
A Judicious Solution: The Criminal Law Committee Draft Redefinition Of The Loss Concept In Economic Crime Sentencing, Frank O. Bowman Iii
A Judicious Solution: The Criminal Law Committee Draft Redefinition Of The Loss Concept In Economic Crime Sentencing, Frank O. Bowman Iii
Faculty Publications
In December 1999, the United States Sentencing Commission (Commission), an institution that had been in suspended animation for over a year with all seven voting seats vacant, fluttered its eyelids and came back to life. An agreement between the Senate and the White House produced seven new Commissioners: five sitting federal judges, the former General Counsel of the Commission, and a law professor. The new group began work immediately, making itself accessible in meetings with lawyers and judges around the country, exuding an air of intelligence and collegiality, and dispensing in short order with a backlog of amendments to the …
An Appropriate Test For Dishonesty?, Alex Steel
An Appropriate Test For Dishonesty?, Alex Steel
Alex Steel
Courts have struggled to develop a test for dishonesty in both England and Australia. The English test as set out in Ghosh was considered by the Australian High Court in Peters v. The Queen but the court was unable to come up with a true majority opinion on the point. Differences of opinion on the meaning of the concept exist in Australian and English law, and a recent Consultation Paper by the Law Reform Commission of England and Wales has again raised the issue. This article reviews the different positions, and attempts to point a way forward for Australian law …
Ten Years Of Randomized Jurisprudence: Amending The Special Needs Doctrine, Robert D. Dodson
Ten Years Of Randomized Jurisprudence: Amending The Special Needs Doctrine, Robert D. Dodson
South Carolina Law Review
No abstract provided.
Waging A War On Drugs: Administering A Lethal Dose To Kendra's Law, Jennifer Gutterman
Waging A War On Drugs: Administering A Lethal Dose To Kendra's Law, Jennifer Gutterman
Fordham Law Review
No abstract provided.
Entrapment When The Spoken Word Is The Crime, James F. Ponsoldt, Stephen Marsh
Entrapment When The Spoken Word Is The Crime, James F. Ponsoldt, Stephen Marsh
Fordham Law Review
No abstract provided.
Above The Law: The Prosecutor's Duty To Seek Justice And The Performance Of Substantial Assistance Agreements, Ross Galin
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, Forword: Ethics, Truth, And Justice In Criminal Litigation, Monroe H. Freedman
Ethics In Criminal Advocacy, Symposium, Forword: Ethics, Truth, And Justice In Criminal Litigation, Monroe H. Freedman
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal
Ethics In Criminal Advocacy, Symposium, Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher
Ethics In Criminal Advocacy, Symposium, The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn
Ethics In Criminal Advocacy, Symposium, The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor
Ethics In Criminal Advocacy, Symposium, The Ethics And Professionalism Of Prosecutors In Discretionary Decisions, Ellen S. Podgor
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, Perjury And False Testimony: Should The Difference Matter So Much? , Stephen A. Saltzburg
Ethics In Criminal Advocacy, Symposium, Perjury And False Testimony: Should The Difference Matter So Much? , Stephen A. Saltzburg
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy Mashburn
Ethics In Criminal Advocacy, Symposium, The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy Mashburn
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, The Neutral Prosecutor: The Obligation Of Dispassion In A Passionate Pursuit, H. Richard Uviller
Ethics In Criminal Advocacy, Symposium, The Neutral Prosecutor: The Obligation Of Dispassion In A Passionate Pursuit, H. Richard Uviller
Fordham Law Review
No abstract provided.
Ethics In Criminal Advocacy, Symposium, Who Stole The Cookie From The Cookie Jar?: The Law And Ethics Of Shifting Blame In Criminal Cases, Ellen Yankiver Suni
Ethics In Criminal Advocacy, Symposium, Who Stole The Cookie From The Cookie Jar?: The Law And Ethics Of Shifting Blame In Criminal Cases, Ellen Yankiver Suni
Fordham Law Review
No abstract provided.
Plea Bargain Waivers Reconsidered: A Legal Pragmatist's Guide To Loss, Abandonment And Alienation, Daniel P. Blank
Plea Bargain Waivers Reconsidered: A Legal Pragmatist's Guide To Loss, Abandonment And Alienation, Daniel P. Blank
Fordham Law Review
No abstract provided.
Balancing Hearsay And Criminal Discovery, John G. Douglass
Balancing Hearsay And Criminal Discovery, John G. Douglass
Fordham Law Review
No abstract provided.
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz
Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz
All Faculty Scholarship
No abstract provided.
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski
Villanova Law Review
No abstract provided.
Equity And Criminal Law, Howard W. Brill
Equity And Criminal Law, Howard W. Brill
Howard W Brill
Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm
Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm
James W. Diehm
The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann
The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann
Alex Stein
This Article develops a consequentialist game-theoretic perspective for understanding the right to silence. By applying this perspective, the Article reveals that the conventional perception of the right to silence, as impeding the search for truth and thus helping criminals alone, is mistaken. The Article demonstrates that the right to silence can help triers of fact to distinguish between factually innocent and guilty suspects and defendants. This is achieved by an important feature of the right to silence which this Article brings to the fore: a criminal's self-interested response to questioning can impose externalities (in the form of wrongful conviction) on …