Law Commons^™

Inevitable Discovery: An Exception Beyond The Fruits, Robert M. Bloom

Robert M. Bloom

No abstract provided.

Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey

Robert M. Bloom

After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court also has provided more leeway to federal officers in the past few decades, for example by limiting the scope of the exclusionary rule. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether …

Mcdonald V. Chicago: Which Standard Of Scrutiny Should Apply To Gun-Control Laws?, Lawrence Rosenthal

Lawrence Rosenthal

No abstract provided.

Second Amendment Plumbing After Heller: Of Incorporation, Standards Of Scrutiny, Well-Regulated Militias And Criminal Street Gangs, Lawrence Rosenthal

Lawrence Rosenthal

The decision of the United States Supreme Court in District of Columbia v. Heller ended one debate about the Second Amendment while beginning another.

Prior to Heller, the principal point on which courts and scholars had joined issue was whether the Second Amendment secures an individual right to bear arms or a right to participate in an organized militia. In Heller, the Court came down on the individual-rights side while resolving little else about the extent to which the Second Amendment will constrain the power to regulate firearms. Among the many questions left for future litigation, the two most important …

Jury Trial In Japan, Robert Bloom

Robert M. Bloom

No abstract provided.

Against Orthodoxy: Miranda Is Not Prophylactic And The Constitution Is Not Perfect, Lawrence Rosenthal

Lawrence Rosenthal

In the four decades since the decision in Miranda v. Arizona, two point of consensus have emerged about that decision. The first area of agreement is that Miranda’s rationale for requiring its now-famous warnings is wrong, or at least dramatically overstated. In Michigan v. Tucker, the Court first labeled Miranda warnings as “prophylactic standards.” For their part, Miranda’s advocates do not spend much time defending its conception of unwarned custodial interrogation as inherently coercive. The second point of agreement is that Miranda has turned out to be a failure combating the coercive nature of custodial interrogation. Despite Miranda, coerced confessions …

Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan

Donald J. Kochan

The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives involved …

Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin

Robert M. Bloom

No abstract provided.

Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford

John F. Stinneford

No abstract provided.

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins

Ira P. Robbins

Searches, Seizures, And Warrants: A Reference Guide To The United States Constitution, Robert Bloom

Robert M. Bloom

No abstract provided.

Criminal Procedure: Examples And Explanations, Robert Bloom, Mark Brodin

Robert M. Bloom

No abstract provided.

"Automobile Searches." Chapter 4d, 4d-1– 4d-62, "Suppression Of Illegally Obtained Evidence: Pretext Searches." Chapter 83, 83-1 - 83-18, Robert Bloom

Robert M. Bloom

No abstract provided.

"Commencement Of Action." Chapter 3 (Co-Authored With Daniel R. Coquillette) 3-1–3-34, "Time." Chapter 6, 6-1– 6-143, "Applicability In General." Chapter 81, 81-1–81-40, Robert Bloom

Robert M. Bloom

No abstract provided.

Criminal Procedure: Examples And Expanations, Robert Bloom, Mark Brodin

Robert M. Bloom

No abstract provided.

Clinical Education Programs--An Overview, Robert Bloom

Robert M. Bloom

No abstract provided.

Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom

Robert M. Bloom

No abstract provided.

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins

Ira P. Robbins

Recent Development, Kirby V. Illinois, Stephen W. Gard

Stephen W. Gard

Pre-indictment identification confrontations, without presence of counsel, held constitutionally permitted.