Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (19)
- Criminal Procedure (9)
- Social and Behavioral Sciences (5)
- Constitutional Law (4)
- Evidence (3)
-
- Juvenile Law (3)
- Law and Society (3)
- Public Affairs, Public Policy and Public Administration (3)
- Arts and Humanities (2)
- Family Law (2)
- Jurisprudence (2)
- Law and Gender (2)
- Legal Ethics and Professional Responsibility (2)
- Legal Profession (2)
- Public Policy (2)
- Agriculture Law (1)
- Animal Law (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Clinical and Medical Social Work (1)
- Comparative and Foreign Law (1)
- Courts (1)
- Criminology (1)
- Criminology and Criminal Justice (1)
- Economics (1)
- History (1)
- Human Rights Law (1)
- Institution
- Publication
-
- Carrie Leonetti (18)
- William M. Acker Jr. (17)
- Steven R Morrison (9)
- Michael J.Z. Mannheimer (5)
- Brad R Schlesinger (4)
-
- College of Law - Faculty Scholarship (4)
- Melanie M. Reid (4)
- All Faculty Scholarship (3)
- C.J. Williams (3)
- David D. Butler (3)
- David S Rudstein (3)
- Edwin R. Render (3)
- Faculty Publications (3)
- Jason P. Nance (3)
- John O. Hayward (3)
- Asaf Harduf (2)
- David M. Smolin (2)
- David Pimentel (2)
- Don Stemen (2)
- Eric H Schepard (2)
- Fritz Allhoff (2)
- Hadar Aviram (2)
- Jennifer E. Laurin (2)
- John Ghaelian (2)
- Kenneth J Duvall (2)
- Lee Kovarsky (2)
- Lewis R. Katz (2)
- Matthew J. Wilson (2)
- Meghan J. Ryan (2)
- Michael L Perlin (2)
- Publication Type
Articles 241 - 252 of 252
Full-Text Articles in Law
Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach
Notice-And-Comment Sentencing, Stephanos Bibas, Richard A. Bierschbach
All Faculty Scholarship
No abstract provided.
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David Rudstein
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David Rudstein
David S Rudstein
This article considers whether a statute or rule of court allowing the prosecution to appeal a directed verdict of not guilty, or its equivalent, would be constitutional under the Double Jeopardy Clause.
Criminal Procedure: The Investigative Process, 2d Ed., David Rudstein
Criminal Procedure: The Investigative Process, 2d Ed., David Rudstein
David S Rudstein
No abstract provided.
No Walk In The Dog Park: Drafting Animal Cruelty Statutes To Resolve Double Jeopardy Concerns And Eliminate Unfettered Prosecutorial Discretion, Laurie Serafino
No Walk In The Dog Park: Drafting Animal Cruelty Statutes To Resolve Double Jeopardy Concerns And Eliminate Unfettered Prosecutorial Discretion, Laurie Serafino
Laurie B. Serafino
This article evaluates animal abuse and cruelty laws throughout the United States. It demonstrates that, although an emerging trend treats animals more like humans and less like property in some criminal cases and statutes, the laws of many states still adhere to the traditional view of animals as property, causing unique charging and sentencing issues that must be clarified in order to bring predictability and consistency to the law.
In the article, Professor Serafino explores the option of creating a new paradigm in this area, in which animals are treated as a hybrid category of "living property," "legal personhood," or …
Legally Blind: Hyperadversarialism, Brady Violations, And The Prosecutorial Organizational Culture, Hadar Aviram
Legally Blind: Hyperadversarialism, Brady Violations, And The Prosecutorial Organizational Culture, Hadar Aviram
Hadar Aviram
Recently, in Connick v. Thompson (2011), the Supreme Court held that the failure of several prosecutors to disclose to the defense the blood type of the perpetrator, which did not match the defendant’s blood type, was not a systematic defect that required training of staff. According to the Court the prosecutors’ misconduct, and lack of training in Brady discovery duties, did not constitute “deliberate indifference” by the municipality, which would have entitled the exonerated defendant to relief under §1983. This Article criticizes the decision--and Brady policies in general—for their narrowness and excessive reliance on indications of intent or bad faith. …
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David Rudstein
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David Rudstein
David S Rudstein
No abstract provided.
Sex Trafficking And Worker Justice, Michelle Dempsey
Sex Trafficking And Worker Justice, Michelle Dempsey
Michelle Madden Dempsey
This essay argues that the dualistic conception of work in Catholic social teaching – most notably in John Paul II’s Laborem Excerens – may provide a bridge between otherwise deeply divided views regarding how to conceptualize and define sex trafficking.
The Immigrant And Miranda, Anjana Malhotra
The Immigrant And Miranda, Anjana Malhotra
Anjana Malhotra
The recent dramatic convergence of immigration and criminal law is transforming the immigration and criminal justice system. While scholars have begun to examine some of the structural implications of this convergence, this article breaks new ground by examining judicial responses, and specifically the sharply divergent approaches that federal appellate courts have used to determine whether Miranda warnings must be given to immigrants during custodial interrogations about their immigration status that have both criminal and civil implications.
Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman
Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman
Michelle Oberman
Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the …
When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier Hon.
When Does Restitution Become Retribution?, Melanie M. Reid, Curtis L. Collier Hon.
Melanie M. Reid
A defendant, charged with knowingly possessing material that contains images of child pornography which has been transported in interstate commerce by means of a computer, in violation 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2), needs to be aware that he may be hit with a large restitution order at the time of his sentencing. At sentencing, the court not only sentences the defendant to a term of imprisonment, supervised release, and assessment, but also orders an amount of restitution to be paid to the identified victims of the child pornography. This restitution order must comply with 18 U.S.C. § 2259 which …
Mexico's Crisis: When There's A Will, There's A Way, Melanie M. Reid
Mexico's Crisis: When There's A Will, There's A Way, Melanie M. Reid
Melanie M. Reid
The United States under the Obama administration is committed to many of the tools being advocated in Mexican President Felipe Calderón’s holistic approach to combat drug trafficking. This Article explores the United States’ Merida Initiative policy and critiques its effectiveness. The Beyond Merida Initiative announced in 2010 revamped the prior 2007 initiatives, and provided more emphasis on additional training rather than equipment or direct financial aid to Mexico. Neither initiative corrects problems endemic to Mexico which limits the possibility of success. Corruption, anti-American resentment, and a drastically different legal system in Mexico hinder our efforts to become an effective ally …
Enforcing Animal Welfare Statutes: In Many States, It’S Still The Wild West, Elizabeth Rumley, Rusty Rumley
Enforcing Animal Welfare Statutes: In Many States, It’S Still The Wild West, Elizabeth Rumley, Rusty Rumley
Elizabeth Rumley
Authority to enforce animal welfare laws has been delegated to private citizens involved with humane organizations since the 1880s when the majority of those statutes were originally passed. Currently, over half of the states and the District of Columbia grant some form of law enforcement power to members or officers of humane societies. The authority ranges from the power to arrest to the ability to seize and destroy private property. In some cases it includes the right to carry a firearm-- even, in one state, as a convicted felon-- while engaging in law enforcement activities. After a brief history of …