Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (84)
- University of Michigan Law School (17)
- Touro University Jacob D. Fuchsberg Law Center (16)
- UIC School of Law (11)
- Fordham Law School (2)
-
- Maurer School of Law: Indiana University (2)
- Penn State Dickinson Law (2)
- Pepperdine University (2)
- St. Mary's University (2)
- The University of Akron (2)
- University of Arkansas, Fayetteville (2)
- Barry University School of Law (1)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Northwestern Pritzker School of Law (1)
- University of Baltimore Law (1)
- University of Cincinnati College of Law (1)
- West Virginia University (1)
- Keyword
-
- Fourth Amendment (20)
- Police (14)
- Fifth Amendment (11)
- Law (11)
- Constitution (10)
-
- Supreme Court (10)
- Fourth amendment (9)
- Miranda v. Arizona (9)
- Probable cause (9)
- Dickerson v. United States (8)
- Exclusionary rule (7)
- Law enforcement (7)
- Warrant (7)
- Affirmative Action (6)
- Privacy (6)
- SFFA (6)
- United States Supreme Court (6)
- Congress (5)
- Court of Appeals (5)
- Defendant (5)
- Diversity (5)
- Evidence (5)
- Federal (5)
- Jurisprudence (5)
- N.Y. Const. Art. I (5)
- Search and seizure (5)
- State (5)
- Violation (5)
- § 12 (5)
- Confession (4)
- Publication Year
- Publication
-
- Seattle University Law Review (84)
- Touro Law Review (16)
- Michigan Law Review (13)
- UIC Law Review (11)
- University of Michigan Journal of Law Reform (3)
-
- Akron Law Review (2)
- Arkansas Law Review (2)
- Dickinson Law Review (2017-Present) (2)
- Fordham Urban Law Journal (2)
- Indiana Law Journal (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- St. Mary's Law Journal (2)
- Barry Law Review (1)
- Brooklyn Law Review (1)
- Cleveland State Law Review (1)
- Michigan Journal of Race and Law (1)
- Northwestern University Law Review (1)
- University of Baltimore Law Review (1)
- University of Cincinnati Law Review (1)
- West Virginia Law Review (1)
Articles 121 - 149 of 149
Full-Text Articles in Jurisprudence
Questioning The Relevance Of Miranda In The Twenty-First Century, Richard A. Leo
Questioning The Relevance Of Miranda In The Twenty-First Century, Richard A. Leo
Michigan Law Review
Miranda v. Arizona is the most well-known criminal justice decision - arguably the most well-known legal decision - in American history. Since it was decided in 1966, the Miranda decision has spawned voluminous newspaper coverage, political and legal debate, and academic commentary. The Miranda warnings themselves have become so well-known through the media of television that most people recognize them immediately. As Patrick Malone has pointed out, the Miranda decision has added its own lexicon of words and phrases to the American language. Perhaps with this understanding in mind, George Thomas recently suggested that the Miranda warnings are more well-known …
Separated At Birth But Siblings Nonetheless: Miranda And The Due Process Notice Cases, George C. Thomas Iii
Separated At Birth But Siblings Nonetheless: Miranda And The Due Process Notice Cases, George C. Thomas Iii
Michigan Law Review
Paraphrasing Justice Holmes, law is less about logic than experience. Courts and scholars have now had thirty-four years of experience with Miranda v. Arizona, including the Court's recent endorsement in Dickerson v. United States last Term. Looking back over this experience, it is plain that the Court has created a Miranda doctrine quite different from what it has said it was creating. I think the analytic structure in Dickerson supports this rethinking of Miranda. To connect the dots, I offer a new explanation for Miranda that permits us to reconcile Dickerson and the rest of the post-Miranda doctrine with the …
In The Stationhouse After Dickerson, Charles D. Weisselberg
In The Stationhouse After Dickerson, Charles D. Weisselberg
Michigan Law Review
Miranda v. Arizona established the high water mark of the protections afforded an accused during a custodial interrogation. During the decades that followed, the United States Supreme Court allowed Miranda's foundation to erode, inviting a direct challenge to the landmark ruling. In Dickerson v. United States, the Court turned back such a challenge and placed Miranda upon a more secure, constitutional footing. This Article explores the impact of Dickerson in the place where Miranda was meant to matter most: the stationhouse. As I have described elsewhere, Supreme Court decisions have influenced a number of California law enforcement agencies to instruct …
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
UIC Law Review
No abstract provided.
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
UIC Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Batista
Search And Seizure, Court Of Appeals, People V. Batista
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Quackenbush
Search And Seizure, Court Of Appeals, People V. Quackenbush
Touro Law Review
No abstract provided.
Computers, Urinals, And The Fourth Amendment: Confessions Of A Patron Saint, Wayne R. Lafave
Computers, Urinals, And The Fourth Amendment: Confessions Of A Patron Saint, Wayne R. Lafave
Michigan Law Review
At least the title indicates that the article is somehow concerned with "the Fourth Amendment," though for anyone who knows me or is at all familiar with my work, that piece of information hardly would come as a revelation. The fact of the matter is that I almost always write about the Fourth Amendment; I am in an academic rut so deep as to deserve recognition in the Guinness Book World of Records. Search and seizure has been my cheval de bataille during my entire time as a law professor and even when I was a mere law student. …
Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker
Counter-Revolution In Constitutional Criminal Procedure? Two Audiences, Two Answers, Carol S. Steiker
Michigan Law Review
For the purposes of my argument, I adapt Professor Meir Dan-Cohen's distinction (which he in turn borrowed from Jeremy Bentham) between "conduct" rules and "decision" rules. Bentham and Dan-Cohen make this distinction in the context of substantive criminal law; for their purposes, "conduct" rules are addressed to the general public in order to guide its behavior (for example, "Let no person steal") and "decision" rules are addressed to public officials in order to guide their decisionmaking about the consequences of violating conduct rules (for example, "Let the judge cause whoever is convicted of stealing to be hanged"). But as any …
James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris
James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris
UIC Law Review
No abstract provided.
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
UIC Law Review
No abstract provided.
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
UIC Law Review
No abstract provided.
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Beyond The Warren Court And Its Conservative Critics: Toward A Unified Theory Of Constitutional Criminal Procedure, Donald A. Dripps
Beyond The Warren Court And Its Conservative Critics: Toward A Unified Theory Of Constitutional Criminal Procedure, Donald A. Dripps
University of Michigan Journal of Law Reform
Part I develops more fully the differences that divide liberal and conservative commentators on criminal procedure, taking special note of the series of Reports prepared by the Justice Department's Office of Legal Policy and published recently in the University of Michigan Journal of Law Reform. Part II explains my disquiet with the suggestion that original-meaning jurisprudence ought to guide criminal procedure doctrine. Part II also defends the thesis that the fourteenth amendment protects the individual interest in freedom from unjust punishment, rather than any abstract interest in truth for its own sake. Part III considers two familiar controversies in criminal …
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Touro Law Review
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman
UIC Law Review
No abstract provided.
Fourth Amendment, William E. Hellerstein
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
UIC Law Review
No abstract provided.
Two Models Of The Fourth Amendment, Craig M. Bradley
Two Models Of The Fourth Amendment, Craig M. Bradley
Michigan Law Review
Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases are inconsistent with each other or that whole chunks of doctrine, such as the automobile exception or the plain view exception, are either misconceived, too broad, or too narrow. But these critics all play the Court on its own field, simply arguing as tenth Justices that the doctrines should be tinkered with in different ways than the Court has done. This Article, in contrast, suggests that current fourth amendment law, complete with the constant tinkering which it necessarily entails, should be abandoned altogether. Instead, …
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
UIC Law Review
No abstract provided.
The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette
The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette
University of Michigan Journal of Law Reform
This article will consider some of the theoretical and practical ramifications of the Williams decision and compare its protections to the protections offered by Miranda. The article, focussing on the right to counsel, discusses the nature of the police conduct which is prohibited by each decision, the time at which the protections involved become effective, and the standard by which a waiver of the rights will be measured. The article concludes that there may be significant differences in the application of the two cases and that a uniform rule based on the sixth amendment may be superior to the …
Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite
Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite
Michigan Law Review
The "numbers game" is today the most profitable of the wide-spread gambling rackets. And like all organized gambling it is a focal source and the financial support of far more serious crimes. At the same time it is one of the most difficult forms of crime for the police to control. It needs no costly installations which the police can confiscate or destroy. Unlike "house" gambling it cannot practically be harassed out of business. It can be operated by one man alone, if he survives failure to pay off for lack of capital; or by a syndicate with capital enough …