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Articles 1 - 30 of 47
Full-Text Articles in Criminal Law
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports
Kit Kinports
When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …
Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports
Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports
Kit Kinports
After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Robert Bloom
No abstract provided.
Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom
Updates Editor: Chapters 3, 6, 31-36, 81, Robert Bloom
Robert Bloom
No abstract provided.
Cases On Criminal Procedure, Robert Bloom
Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom
Presentation On Jury Nullification And Suggestions For Implementing A Mixed Jury System In Japan, Robert Bloom
Robert Bloom
No abstract provided.
Drug Testing In Public Schools, Robert Bloom
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.
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Robert Bloom
No abstract provided.
American Legal Education, Robert Bloom
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Robert Bloom
No abstract provided.
Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, Robert Bloom
Appointment: Visiting Professor At Kwansei Gakuin University, Nishinomiya, Japan, 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.
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
Robert Bloom
The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …
History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom
History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom
Robert Bloom
No abstract provided.
Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom
Federal Rules Of Civil Procedure. Rule 55 – Default Judgement, Robert Bloom
Robert Bloom
No abstract provided.
Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson
Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson
Michael P. Johnson
Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the Double …
Padilla Postconviction Claims In Florida: Squaring Chaidez, Hernandez And Castaño, Rebecca Sharpless, Andrew Stanton
Padilla Postconviction Claims In Florida: Squaring Chaidez, Hernandez And Castaño, Rebecca Sharpless, Andrew Stanton
Rebecca Sharpless
In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their noncitizen clients about the immigration consequences of a plea. Padilla had pled guilty in state court to a drug crime and, after his conviction became final, filed a state postconviction motion alleging that his attorney rendered ineffective assistance of counsel by failing to advise him that his plea would trigger deportation. In holding that Padilla was entitled to competent advice regarding the consequences of his plea, the Court recognized what professional norms have required for at least the last two decades. …
Cases On Criminal Procedure, Robert Bloom
Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom
Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom
Robert M. Bloom
Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors the sequence of real-life events in law enforcement.
Confronting Confrontation, Mary Sue Backus
The Evolving Confrontation Clause, Mary Sue Backus
The Evolving Confrontation Clause, Mary Sue Backus
Mary Sue Backus
No abstract provided.
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
When Rights Become Empty Promises: Promoting An Exclusionary Rule That Vindicates Personal Rights, Robert Bloom, Erin Dewey
Robert M. Bloom
The United States has played a leading role in the development of the exclusionary rule since Weeks v. United States (1914). The original exclusionary rule justification set out in Weeks is the vindication principle which operates so as to exclude unconstitutionally obtained evidence for the purpose of vindicating the rights of the accused. In this way the exclusion of evidence provides a remedy to the victim of an illegality by maintaining the status quo ante. The U.S. Supreme Court observed in Wolf v Colorado (1949) that “[o]f 10 jurisdictions within the United Kingdom and the British Commonwealth of Nations which …
“Intelligence Searches” And Criminal Investigative Purposes, Robert Power
“Intelligence Searches” And Criminal Investigative Purposes, Robert Power
Robert C Power
No abstract provided.
Prosecution Without Representation, Douglas L. Colbert
Prosecution Without Representation, Douglas L. Colbert
Douglas L. Colbert
Nearly 50 years after the Supreme Court's landmark ruling in Gideon v. Wainwright established indigent defendants' constitutional right to counsel, poor people throughout the country still remain without a lawyer when first appearing before a judicial officer who determines pretrial liberty or bail. Absent counsel, low-income defendants unable to afford bail remain in jail for periods ranging from 3-70 days until assigned counsel appears in-court. Examining Walter Rothgery's wrongful prosecution, the article includes a national survey that informs readers about the limited right to counsel at the initial appearance and the extent of delay in each of the 50 states. …
U.S. Exclusionary Rule: A Comparative Analysis, Robert Bloom
U.S. Exclusionary Rule: A Comparative Analysis, Robert Bloom
Robert M. Bloom
No abstract provided.
History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom
History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom
Robert M. Bloom
No abstract provided.
The Adversary System And Attorney Role In The Drug Treatment Court Movement, Richard Boldt
The Adversary System And Attorney Role In The Drug Treatment Court Movement, Richard Boldt
Richard C. Boldt
No abstract provided.
Carnegie Corporation Of New York: Islam Scholars Program Carnegie Scholar 2010-2012, Intisar Rabb
Carnegie Corporation Of New York: Islam Scholars Program Carnegie Scholar 2010-2012, Intisar Rabb
Intisar A. Rabb
No abstract provided.
Drug Testing In Public Schools, Robert Bloom