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Criminal Law Commons

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Articles 1 - 15 of 15

Full-Text Articles in Criminal Law

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom Oct 2013

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert Bloom

No abstract provided.


Drug Testing In Public Schools, Robert Bloom Oct 2013

Drug Testing In Public Schools, Robert Bloom

Robert Bloom

No abstract provided.


The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom Oct 2013

The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom

Robert Bloom

No abstract provided.


Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom Oct 2013

Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom

Robert Bloom

No abstract provided.


Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom Oct 2013

Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom

Robert Bloom

No abstract provided.


Jury Trial In Japan, Robert Bloom Oct 2013

Jury Trial In Japan, Robert Bloom

Robert Bloom

No abstract provided.


Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave Apr 2008

Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave

Publications

This article examines how a majority of the Supreme Court went out of its way to vacate a punitive damages award in Philip Morris and further reinforced the inconsistency with which it applies the principle of proportionality. When it comes to punitive damages awards, a majority of Justices continue to convey distrust of juries and of trial and appellate court judges who review these awards. However, when it comes to terms of imprisonment, the Court has eschewed substantive review under the Eighth Amendment while insisting that the Sixth Amendment requires that all facts supporting an increase in a sentence be …


Drug Testing In Public Schools, Robert Bloom Mar 2008

Drug Testing In Public Schools, Robert Bloom

Robert M. Bloom

No abstract provided.


Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom Mar 2008

Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom

Robert M. Bloom

No abstract provided.


Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom Jan 2008

Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom

Robert M. Bloom

No abstract provided.


The Exclusionary Rule Lottery, Eugene R. Milhizer Jan 2008

The Exclusionary Rule Lottery, Eugene R. Milhizer

Eugene R Milhizer

Abstract This Article/Essay, The Exclusionary Rule Lottery, critiques the contemporary Fourth Amendment Exclusionary Rule using an original analogy of a lottery to lay bare its moral and prudential insufficiency. The Article begins with a brief discussion of the Rule’s historical development and changing rationale. It next describes how the Rule has evolved to express an unprincipled and narrow utilitarian calculation. It then illustrates the moral and prudential insufficiency of the contemporary approach through the lottery analogy. In particular, it criticizes the Rule’s premise, absence of empirical support, and potential for abuse. The Article concludes by calling for the adoption of …


Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom Dec 2007

Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom

Robert M. Bloom

No abstract provided.


The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom Dec 2007

The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom

Robert M. Bloom

No abstract provided.


Jury Trial In Japan, Robert Bloom Dec 2007

Jury Trial In Japan, Robert Bloom

Robert M. Bloom

No abstract provided.


Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski Dec 2007

Establishing Separate Criminal And Civil Evidence Codes, John J. Capowski

John J. Capowski

This article suggests that the Federal Rules of Evidence (Rules) should be separated into distinct criminal and civil evidence codes. The arguments for this separation are both practical and theoretical, and this article is the first comprehensive discussion of this proposed separation.

The most important of the arguments for bifurcation is that our current unified evidence code leads to inappropriate admission decisions. These inappropriate admission decisions most often occur when the interpretation of a rule in a criminal case is applied in later civil law cases. This result is in part because our rules, and their interpretations, are transubstantive; they …