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Articles 1 - 24 of 24

Full-Text Articles in Law

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax Dec 2006

The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum Feb 2006

Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum

American University Law Review

No abstract provided.


Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum Feb 2006

Preaching Terror: Free Speech Or Wartime Incitement?, Robert S. Tanenbaum

American University Law Review

No abstract provided.


The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding Jan 2006

The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding

American University Law Review

Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. "Irresistible impulse" (or "control") tests, on the other hand, provide an insanity defense to those who …


Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan Jan 2006

Procuring The Right To An Unfair Trial: Federal Rule Of Evidence 804(B)(6) And The Due Process Implications Of The Rule's Failure To Require Standards Of Reliability For Admissible Evidence, Kelly Rutan

American University Law Review

This Comment argues that though the doctrine of forfeiture by wrongdoing allows a court to forfeit both a defendant’s right to object to the admission of hearsay statements and the right of confrontation, the current state of the law requires all out-of-court statements admitted under Rule 804(b)(6) to possess some level of reliability in order to satisfy due process. Part I of this Comment discusses the doctrine of forfeiture by wrongdoing, the courts’ treatment of this principle prior to 1997, and its codification into the Federal Rules of Evidence. Part II looks at Confrontation Clause issues unique to hearsay exceptions …


Supreme Court Watch: Upcoming Criminalcases On The 2006-2007 Docket, Criminal Law Brief Jan 2006

Supreme Court Watch: Upcoming Criminalcases On The 2006-2007 Docket, Criminal Law Brief

American University Criminal Law Brief

No abstract provided.


Letter From The Editor, Laurita M. Denny Jan 2006

Letter From The Editor, Laurita M. Denny

American University Criminal Law Brief

No abstract provided.


Bluffing? The Legislative Response To Internet Gambling, Jon Feldon Jan 2006

Bluffing? The Legislative Response To Internet Gambling, Jon Feldon

American University Criminal Law Brief

No abstract provided.


The Prosecutor’S Role: A Response To Professor Davis, Randall D. Eliason Jan 2006

The Prosecutor’S Role: A Response To Professor Davis, Randall D. Eliason

American University Criminal Law Brief

No abstract provided.


Courts, Cops, Citizens, And Criminals: How Courts Misapply Seibertto Question-First Interrogations And How They Can Fix It, Justin D. Heminger Jan 2006

Courts, Cops, Citizens, And Criminals: How Courts Misapply Seibertto Question-First Interrogations And How They Can Fix It, Justin D. Heminger

American University Criminal Law Brief

No abstract provided.


Escaping A Life Of Abuse: Children Who Kill Their Batterers Andthe Proper Role Of “Battered Child Syndrome” In Their Defense, Julie Rowe Jan 2006

Escaping A Life Of Abuse: Children Who Kill Their Batterers Andthe Proper Role Of “Battered Child Syndrome” In Their Defense, Julie Rowe

American University Criminal Law Brief

No abstract provided.


Criminalizing Internet Gambling: Should Thefederal Government Keep Bluffing Or Fold?, Wesley Scott Ashton Jan 2006

Criminalizing Internet Gambling: Should Thefederal Government Keep Bluffing Or Fold?, Wesley Scott Ashton

American University Criminal Law Brief

No abstract provided.


Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson Jan 2006

Multicultural Feminism: Assessing Systemic Fault In A Provocative Context, Camille Nelson

Articles in Law Reviews & Other Academic Journals

INTRODUCTION Strictly speaking, the cultural defense is really no defense at all. Instead, it is the moniker attached by defense attorneys to their advocacy which seeks to personalize the accused in one of two ways: First by injecting a reasonable doubt into the mens rea intent requirement - this would result in acquittal, or second, by contextualizing an affirmative defense, like provocation, by the provision of cultural information about the accused - this would result in mitigated sentencing. Central to defense attorneys' uses of the cultural defense is the criminal defendant's perceived "foreignness." This much has been recognized by scholars …


A Tribute To Professor Charles J. Ogletree, Jr., Roger Fairfax Jan 2006

A Tribute To Professor Charles J. Ogletree, Jr., Roger Fairfax

Articles in Law Reviews & Other Academic Journals

I recall vividly how, as a junior at Harvard College, I landed a coveted position on Professor Ogletree's office hours list. My ostensible purpose for taking an office hours slot away from a deserving law school student was to discuss the college seminar paper I was writing on the District of Columbia statehood movement. Although I did leave that meeting with several fruitful research leads, I was much more satisfied with achieving my true aim-to meet in person this man about whom I had heard so many wonderful things. The professor did not disappoint. As I sat in his office-the …


Inter-American System, Claudia Martin Jan 2006

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Conference Highlight - Panel: From Inmate To Legal Advocate , Kemba Smith Jan 2006

Conference Highlight - Panel: From Inmate To Legal Advocate , Kemba Smith

The Modern American

No abstract provided.


Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith Jan 2006

Narrowing Racial Disparities In Sentencing Through A System Of Mandatory Downward Departures, Douglas Smith

The Modern American

No abstract provided.


Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones Jan 2006

Conference Highlight-Northstar Award: Spotlight On Angela Davis , Jamin Raskin, Cynthia Jones

The Modern American

No abstract provided.


The Bullet And The Ballot? The Case For Felon Disenfranchisement Statutes, Roger Clegg, George T. Conway Iii, Kenneth K. Lee Jan 2006

The Bullet And The Ballot? The Case For Felon Disenfranchisement Statutes, Roger Clegg, George T. Conway Iii, Kenneth K. Lee

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Heaven Help Us: The Religious Land Use And Institutionalized Persons Act's Prisoners Provisions In The Aftermath Of The Supreme Court's Decision In Cutter V. Wilkinson, Morgan F. Johnson Jan 2006

Heaven Help Us: The Religious Land Use And Institutionalized Persons Act's Prisoners Provisions In The Aftermath Of The Supreme Court's Decision In Cutter V. Wilkinson, Morgan F. Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins Jan 2006

Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Updates From The International Criminal Courts, Mariam Ahmedani, Anne Heindel, Jeffrey Forbes, Robin Murphy, Leslie Thompson Jan 2006

Updates From The International Criminal Courts, Mariam Ahmedani, Anne Heindel, Jeffrey Forbes, Robin Murphy, Leslie Thompson

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Mariam Ahmedani, Meghan Stewart, Brianne Mcgonigle, Lizzie Rushing, Anne Heindel, Leslie Thompson Jan 2006

Updates From The International Criminal Courts, Mariam Ahmedani, Meghan Stewart, Brianne Mcgonigle, Lizzie Rushing, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.


Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell Jan 2006

Gender Equality, Social Values And Provocaion Law In The United States, Canada And Australia, Caroline Forrell

American University Journal of Gender, Social Policy & the Law

No abstract provided.