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Jurisprudence Commons

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Articles 1 - 9 of 9

Full-Text Articles in Jurisprudence

The Asymmetry Of Ronald Dworkin's Rights Thesis In Criminal Cases: A Troublesome Exception, H. Scott Fairley Feb 2013

The Asymmetry Of Ronald Dworkin's Rights Thesis In Criminal Cases: A Troublesome Exception, H. Scott Fairley

Pepperdine Law Review

No abstract provided.


The Policeman's Duty And The Law Pertaining To Citizen Encounters, Charles M. Oberly Iii Feb 2013

The Policeman's Duty And The Law Pertaining To Citizen Encounters, Charles M. Oberly Iii

Pepperdine Law Review

In this article the author, by case analysis, identifies the confusion facing police officers when dealing with stop and frisk situations and suggests adoption of the Model Rules of Stop and Frisk as a possible solution to the problem.


United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr Feb 2013

United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr

Pepperdine Law Review

Despite the Burger Court's history of judicial conservatism, the Supreme Court in United States v. Henry exceeds the liberality of the Warren Court in the area of criminal defendant rights. The decision in Henry clearly provides further limitations upon the government's ability to conduct interrogations. The author examines the Court's factual and legal analysis of the case, emphasizes how the test established in Henry surpasses the rule promulgated in Massiah, and discusses the decision's impact as well as the curious turnabout of Chief Justice Burger.


New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci Feb 2013

New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci

Pepperdine Law Review

The United States Supreme Court, in New York v. Belton, expanded the area in which a policeman may search after he has made a lawful custodial arrest. In so ruling, the Supreme Court dramatically departed from its previous holding in Chimel v. California. While Chimel limited the area of the search to the area "within the immediate control of the arrestee," Belton allowed a search outside of that established boundary, as the Supreme Court allowed the search to include the passenger compartment of an automobile which the arrestee had not occupied.


Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers Jan 2013

Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers

Pepperdine Law Review

No abstract provided.


Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons Jan 2013

Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons

Pepperdine Law Review

No abstract provided.


Judicial Sentencing Error: Thomas V. Morris And The Double Jeopardy Clause , Paul G. Flynn Jan 2013

Judicial Sentencing Error: Thomas V. Morris And The Double Jeopardy Clause , Paul G. Flynn

Pepperdine Law Review

No abstract provided.


Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald Jan 2013

Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald

Pepperdine Law Review

No abstract provided.


The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii Jan 2013

The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii

Pepperdine Law Review

No abstract provided.