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Articles 1 - 30 of 32
Full-Text Articles in Law
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Robert Bloom
No abstract provided.
Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom
Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom
Robert Bloom
Coach of the National Criminal Procedure Moot Court Team, which won two national championships in 2006 and 2007, at Seton Hall Law School in Newark, New Jersey.
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Robert Bloom
No abstract provided.
Time Travel, Hovercrafts, And The Framers: James Madison Sees The Future And Rewrites The Fourth Amendment, George Thomas
Time Travel, Hovercrafts, And The Framers: James Madison Sees The Future And Rewrites The Fourth Amendment, George Thomas
George C Thomas III
The Framers could not have contemplated the interpretational problems that cloud the Fourth Amendment because police, in the modern sense, were unknown to the Framers. Also unknown to the Framers, of course, were wiretaps, drug interdiction searches, thermal imagining, helicopters, and blood tests. We can infer from the history surrounding the Fourth Amendment what the Framers hoped it would accomplish in their time. What if the Framers could have seen the future and known the kind of police techniques that are being used today? What kind of Fourth Amendment would they have written with that knowledge? This article seeks to …
Missing Miranda's Story, A Review Of Gary L. Stuart's, Miranda: The Story Of America's Right To Remain Silent, George C. Thomas Iii
Missing Miranda's Story, A Review Of Gary L. Stuart's, Miranda: The Story Of America's Right To Remain Silent, George C. Thomas Iii
George C Thomas III
Miranda v. Arizona is the best known criminal procedure decision in the history of the Supreme Court. It has spawned dozens of books and hundreds of articles. The world does not need another Miranda book unless it has something new and interesting to tell readers. Unfortunately, to borrow an old cliche, the parts of Gary Stuart’s book that are new are, for the most part, not interesting and the parts that are interesting are, for the most part, not new. Stuart adds material to the Miranda storehouse about the involvement of local Arizona lawyers and judges in the original case, …
Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum
Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum
George C Thomas III
Constitutional law grows more complex over time. The complexity is due, in large part, to the rule of stare decisis. When faced with precedents that it does not wish to follow, the Court usually distinguishes the case before it. Thus, the constitutional landscape is littered with cases that do not fit well together. Navigating past these shoals is often difficult for courts following the Supreme Court’s lead. One example is the law governing instructions that a trial judge can give a deadlocked jury in a criminal case. The right to a jury trial entails the right to have the jury …
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Vera Bergelson
This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed. Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …
Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda
Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda
Evangeline Sarda
No abstract provided.
What The Annual Public Interest Law Retreat Holds For The Law School, Evangeline Sarda
What The Annual Public Interest Law Retreat Holds For The Law School, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Perjury Or Subornation Of Perjury; Bribery Of Witness: Model Sentencing Guidelines § 2j1, Steven Chanenson
Perjury Or Subornation Of Perjury; Bribery Of Witness: Model Sentencing Guidelines § 2j1, Steven Chanenson
Steven L. Chanenson
No abstract provided.
Obstruction Of Justice: Model Sentencing Guidelines §2j2, Steven Chanenson
Obstruction Of Justice: Model Sentencing Guidelines §2j2, Steven Chanenson
Steven L. Chanenson
No abstract provided.
The Intercultural Exploration, Evangeline Sarda
The Intercultural Exploration, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Negotiating Meaning Of Authority And Justice, Evangeline Sarda
Negotiating Meaning Of Authority And Justice, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Identity And/In Law Firm Culture, Evangeline Sarda
Identity And/In Law Firm Culture, Evangeline Sarda
Evangeline Sarda
No abstract provided.
40 Years After Gideon V. Wainwright: A Constitutional Crisis, Mary Sue Backus
40 Years After Gideon V. Wainwright: A Constitutional Crisis, Mary Sue Backus
Mary Sue Backus
No abstract provided.
The National Crisis In Indigent Defense, Mary Sue Backus
The National Crisis In Indigent Defense, Mary Sue Backus
Mary Sue Backus
No abstract provided.
The Crisis Of Indigent Defense In The United States, Mary Sue Backus
The Crisis Of Indigent Defense In The United States, Mary Sue Backus
Mary Sue Backus
No abstract provided.
Second Annual Summit On Indigent Defense Improvement: A Forum For Bar And Indigent Defense Leaders, Mary Sue Backus
Second Annual Summit On Indigent Defense Improvement: A Forum For Bar And Indigent Defense Leaders, Mary Sue Backus
Mary Sue Backus
No abstract provided.
The Right To Counsel In The United States, Mary Sue Backus
The Right To Counsel In The United States, Mary Sue Backus
Mary Sue Backus
No abstract provided.
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
Erik Luna
No abstract provided.
Continuing The March Toward Reasonableness: Last Term's Fourth Amendment Decisions, Lawrence Rosenthal
Continuing The March Toward Reasonableness: Last Term's Fourth Amendment Decisions, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Group Dynamics Workshop, Evangeline Sarda
Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies
Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies
Russell A. Miller
No abstract provided.
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Robert M. Bloom
No abstract provided.
Competent Persons’ Constitutional Right To Refuse Medical Treatment In The U.S. And Japan: Application To Japanese Law, Naoki Kanaboshi
Competent Persons’ Constitutional Right To Refuse Medical Treatment In The U.S. And Japan: Application To Japanese Law, Naoki Kanaboshi
Naoki Kanaboshi
No abstract provided.
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Robert M. Bloom
No abstract provided.
Surprising Parallels Between Trail Smelter And The Global Climate Change Regime, Russell Miller
Surprising Parallels Between Trail Smelter And The Global Climate Change Regime, Russell Miller
Russell A. Miller
No abstract provided.
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A formal model of the law of fair use.
Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross
Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross
Bertrall L Ross
No abstract provided.