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Full-Text Articles in Law

Section 6: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

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 Jul 2000

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 Jul 2000

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 Apr 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

Balancing Hearsay And Criminal Discovery, John G. Douglass

Fordham Law Review

No abstract provided.


Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes Jan 2000

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 Jan 2000

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 Jan 2000

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 Dec 1999

Equity And Criminal Law, Howard W. Brill

Howard W Brill

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 …


Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm Dec 1999

Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm

James W. Diehm

I have the honor and privilege of commenting on Professor Shelley's address, and not surprisingly to me, having long been an admirer of her and her work, I find myself in agreement with the comments that she made.


The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann Dec 1999

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 …