Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 31
Full-Text Articles in Law
Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice
Access-To-Justice Challenges For Expungement In Tennessee, Joy Radice
Scholarly Works
No abstract provided.
Congressional Control Of Presidential Pardons, Glenn Harlan Reynolds
Congressional Control Of Presidential Pardons, Glenn Harlan Reynolds
Scholarly Works
Though the president’s pardon power is plenary, many questions remain. To what extent may Congress, via legislation, regulate the president’s pardon power? Though it is well established that the power is plenary, does that insulate the pardon power from any Congressional regulation at all? And if the answer to this is “no” – and it is – then what sort of Congressional regulation is permissible? I address those issues in this short Essay, while offering some suggestions for regulating, or at least regularizing, the pardon power in ways that I believe are within Congress’s power.
Ham Sandwich Nation: Due Process When Everything Is A Crime, Glenn Harlan Reynolds
Ham Sandwich Nation: Due Process When Everything Is A Crime, Glenn Harlan Reynolds
Scholarly Works
Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process -- the decision whether to charge a defendant, and with what -- is almost entirely discretionary. Given the plethora of criminal laws and regulations in today's society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in. This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a call for further discussion.
The Marshall Hypothesis And The Rise Of Anti-Death Penalty Judges, Dwight Aarons
The Marshall Hypothesis And The Rise Of Anti-Death Penalty Judges, Dwight Aarons
Scholarly Works
No abstract provided.
A Better Balancing: Reconsidering Pre-Conviction Dna Extraction From Federal Arrestees, Joy Radice
A Better Balancing: Reconsidering Pre-Conviction Dna Extraction From Federal Arrestees, Joy Radice
Scholarly Works
Federal law mandates the collection of a biological sample from anyone arrested by federal authorities or facing federal charges, regardless of the charge. The FBI then creates a DNA profile from the sample and enters that profile into the Combined DNA Index System (“CODIS”), a national database through which law enforcement matches individuals and crime scene DNA evidence.
Part I of the essay briefly reviews the federal statute that authorizes pre-conviction DNA extraction and the Fourth Amendment principles that underlie the current constitutional challenges to it. Part II identifies the various, and sometimes competing, rationales offered to justify the constitutionality …
Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice
Administering Justice: Removing Statutory Barriers To Reentry, Joy Radice
Scholarly Works
After years of swelling prison populations, the reentry into society of people with criminal convictions has become a central criminal justice issue. Scholars, advocates, judges, and lawmakers have repeatedly emphasized that, even after prison, punishment continues from severe civil penalties that are imposed by federal and state statutes on anyone with a conviction. To alleviate the impact of these punishments, they have increasingly endorsed state legislation that creates certificates of rehabilitation. Seven states offer these post- conviction certificates, and six others proposed such legislation in 2011. Many look to New York’s statute as the best model because it is the …
Adjudicating Claims Of Innocence For The Capitally Condemned In Tennessee: Embracing A Truth Forum, Dwight Aarons
Adjudicating Claims Of Innocence For The Capitally Condemned In Tennessee: Embracing A Truth Forum, Dwight Aarons
Scholarly Works
No abstract provided.
Studying The Death Penalty In Tennessee, Dwight Aarons
Studying The Death Penalty In Tennessee, Dwight Aarons
Scholarly Works
No abstract provided.
The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook
The Detention Of Material Witnesses And The Fourth Amendment, Joseph G. Cook
Scholarly Works
No abstract provided.
Reflections On The Killing State: A Cultural Study Of The Death Penalty In The Twentieth Century United States, Dwight Aarons
Reflections On The Killing State: A Cultural Study Of The Death Penalty In The Twentieth Century United States, Dwight Aarons
Scholarly Works
No abstract provided.
Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons
Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons
Scholarly Works
No abstract provided.
Can Inordinate Delay Between A Death Sentence And Execution Constitute Cruel And Unusual Punishment?, Dwight Aarons
Can Inordinate Delay Between A Death Sentence And Execution Constitute Cruel And Unusual Punishment?, Dwight Aarons
Scholarly Works
No abstract provided.
Criminal Law In Tennessee In 1980 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1980 - A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Criminal Law In Tennessee In 1979 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1979 - A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Criminal Law In Tennessee In 1977-1978 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1977-1978 - A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Criminal Law In Tennessee In 1976-1977 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1976-1977 - A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Criminal Law In Tennessee In 1974: A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1974: A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Criminal Law In Tennessee In 1973: A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1973: A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Criminal Law In Tennessee In 1972: A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1972: A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Warrantless Searches Incident To Arrest, Joseph G. Cook
Warrantless Searches Incident To Arrest, Joseph G. Cook
Scholarly Works
No abstract provided.
The Art Of Frisking, Joseph G. Cook
Criminal Law In Tennessee In 1971 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1971 - A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Requisite Particularity In Search Warrant Authorizations, Joseph G. Cook
Requisite Particularity In Search Warrant Authorizations, Joseph G. Cook
Scholarly Works
No abstract provided.
Varieties Of Detention And The Fourth Amendment, Joseph G. Cook
Varieties Of Detention And The Fourth Amendment, Joseph G. Cook
Scholarly Works
No abstract provided.
Probable Cause To Arrest, Joseph G. Cook
Criminal Law In Tennessee In 1970 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1970 - A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Subjective Attitudes Of Arrestee And Arrestor As Affecting Occurrence Of Arrest, Joseph G. Cook
Subjective Attitudes Of Arrestee And Arrestor As Affecting Occurrence Of Arrest, Joseph G. Cook
Scholarly Works
No abstract provided.
Current Problems In Search And Seizure, Joseph G. Cook
Current Problems In Search And Seizure, Joseph G. Cook
Scholarly Works
No abstract provided.
Criminal Law In Tennessee In 1969 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1969 - A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.