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Articles 1 - 30 of 171
Full-Text Articles in Law
Searches, Seizures, And Warrants: A Reference Guide To The United States Constitution, Robert Bloom
Searches, Seizures, And Warrants: A Reference Guide To The United States Constitution, Robert Bloom
Robert Bloom
No abstract provided.
Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom
Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom
Robert Bloom
No abstract provided.
Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young
Summary Of State V. Bennett, 119 Nev. Adv. Op. No. 63, Shane Jasmine Young
Nevada Supreme Court Summaries
Appeal and cross-appeal from a district court order granting in part and denying in part Defendant’s post-conviction petition for a writ of habeas corpus in a capital case.
Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati
Summary Of Smith V. State, 120 Nev. Adv. Op. 96, Sally L. Galati
Nevada Supreme Court Summaries
Defendant appealed from a judgment of conviction for one count of burglary following a jury verdict. Defendant’s primary contention was that the district court erred in refusing his proffered jury instruction on the lesser crime of trespass.
Racial Profiling And Terrorism Debate With Mark Levy Of The Cato Institute, Randall Coyne
Racial Profiling And Terrorism Debate With Mark Levy Of The Cato Institute, Randall Coyne
Randall Coyne
No abstract provided.
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Delusions Of Grand Juries, Niki Kuckes
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
ExpressO
In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be
Law Day Panelist On Capital Punishment, Randall Coyne
Law Day Panelist On Capital Punishment, Randall Coyne
Randall Coyne
No abstract provided.
Keeping America Safe And Free, Randall Coyne
Indianapolis V. Edmond And The Original Understanding Of The Fourth Amendment, Bruce Newman
Indianapolis V. Edmond And The Original Understanding Of The Fourth Amendment, Bruce Newman
ExpressO
In this article I examine to what extent Indianapolis v. Edmond is in keeping with the original understanding of the Fourth Amendment. I conclude that the Founders were much more concerned with searches of real property, often insisting, not only on suspicion, but also a on warrant when searches of real property are involved. Secondly, while the Founders did not consider warrants necessary for searches and seizures off of real property (which for the sake of simplicity I call searches in public areas) the evidence suggests suspicion was required. Indeed, the Fourth Amendment was a direct response to the British ...
When Does A Discharge Of A Bail Bond Discharge The Surety?, Jason D. Katz
When Does A Discharge Of A Bail Bond Discharge The Surety?, Jason D. Katz
ExpressO
This article examines the situations when a discharge of a bail bond actually discharges the liability of the surety and/ or its agent, the bail bondsman, as interpreted by the courts.
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
ExpressO
In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely ...
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
ExpressO
Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925 ...
How Many Terrorists Are There? The Escalation In So-Called Terrorism Prosecutions, Nora V. Demleitner
How Many Terrorists Are There? The Escalation In So-Called Terrorism Prosecutions, Nora V. Demleitner
Scholarly Articles
Not available.
Jurors' Perceptions Of Gender-Biased Linguistic Differences, Monica Hersh Khetarpal Sholar
Jurors' Perceptions Of Gender-Biased Linguistic Differences, Monica Hersh Khetarpal Sholar
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin
"She Breaks Just Like A Little Girl": Neonaticide, The Insanity Defense, And The Irrelevance Of "Ordinary Common Sense", Michael L. Perlin
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Representing Death-Sentence Appellants, Charles B. Blackmar
Representing Death-Sentence Appellants, Charles B. Blackmar
The Journal of Appellate Practice and Process
No abstract provided.
The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman
The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman
The Journal of Appellate Practice and Process
No abstract provided.
Preface, Brent E. Newton
Preface, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis
Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis
The Journal of Appellate Practice and Process
No abstract provided.
Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel
Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel
The Journal of Appellate Practice and Process
No abstract provided.
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Cornell Law Faculty Publications
Jamie Wilson, nineteen years old and severely mentally ill, walked into a school cafeteria and started shooting. Two children died, and Jamie was charged with two counts of capital murder. Because he admitted his guilt, the only issue at his trial was the appropriate punishment. The trial judge assigned to his case, after hearing expert testimony on his mental state, found that mental illness rendered Jamie unable to conform his conduct to the requirements of law at the time of the crime—not impaired by his mental illness in his ability to control his behavior, but unable to control his ...
Freeing The Innocent: Obtaining Post-Conviction Dna Testing In Florida, Catherine Arcabascio
Freeing The Innocent: Obtaining Post-Conviction Dna Testing In Florida, Catherine Arcabascio
Faculty Scholarship
No abstract provided.
Sentencing And Data: The Not-So-Odd-Couple, Steven Chanenson
Sentencing And Data: The Not-So-Odd-Couple, Steven Chanenson
Steven L. Chanenson
No abstract provided.
Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear
ExpressO
No abstract provided.
Section 6: Criminal Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School
Section 6: Criminal Procedure, Institute Of Bill Of Rights Law At The William & Mary Law School
Supreme Court Preview
No abstract provided.
A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
ExpressO
No abstract provided.
A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
A Deadly Dilemma: Strategic Choices By Attorneys Representing "Innocent" Capital Defendants, Welsh S. White
University of Pittsburgh School of Law Working Paper Series
In this Article, I will contrast the choices of defense attorneys with wide experience in capital cases with those made by defense attorneys who lack such experience, and assess Wiggins v. Smith's possible impact on the question of whether the latter group's choices constitute deficient performance under the first prong of the Strickland test. Broadly stated, my thesis is that in representing capital defendants with a strong claim of innocence, certain axioms that govern the practices of experienced capital-defense attorneys should be viewed as professional norms, and, in most instances, a capital-defense attorney's failure to comply with ...