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19762 Full-Text Articles 11351 Authors 11388944 Downloads 207 Institutions

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19762 full-text articles. Page 322 of 330.

Closing Loopholes Or Creating More? Why A Narrow Application Of Sorna Threatens To Defeat The Statute’S Purpose, Terra R. Lord 2010 University of Oklahoma College of Law

Closing Loopholes Or Creating More? Why A Narrow Application Of Sorna Threatens To Defeat The Statute’S Purpose, Terra R. Lord

Oklahoma Law Review

No abstract provided.


Preserving The Corporate Attorney-Client Privilege, Katrice Bridges Copeland 2010 Penn State Law

Preserving The Corporate Attorney-Client Privilege, Katrice Bridges Copeland

Journal Articles

This Article argues that, while legislation such as the Attorney-Client Privilege Protection Act ("ACPPA") is necessary to preserve that corporate attorney-client privilege, any such legislation must include judicial oversight to deter prosecutorial misconduct effectively. Part II examines the costs and benefits of granting corporations the attorney-client privilege in criminal investigations. It concludes that the benefits of the privilege fat outweigh the costs and that the privilege must be safeguarded from unnecessary infringement. Part III traces the evolution of the DOJ's waiver policies that have threatened the corporate attorney-client privilege. It also examines the costs and benefits of the waiver ...


Probability, Individualization, And Uniqueness In Forensic Science Evidence: Listening To The Academies, David H. Kaye 2010 Penn State Law

Probability, Individualization, And Uniqueness In Forensic Science Evidence: Listening To The Academies, David H. Kaye

Journal Articles

Day in and day out, criminalists testify to positive, uniquely specific identifications of fingerprints, bullets, handwriting, and other trace evidence. A committee of the National Academy of Sciences, building on the writing of academic commentators, has called for sweeping changes in the presentation and production of evidence of identification. These include some form of circumscribed and standardized testimony. But the Academy report is short on the specifics of the testimony that would be legally and professionally allowable. This essay outlines possible types of testimony that might harmonize the testimony of criminalists with the actual state of forensic science. It does ...


Decriminalizing Border Crossings, Victor C. Romero 2010 Penn State Law

Decriminalizing Border Crossings, Victor C. Romero

Journal Articles

An international border crosser should only be deemed a criminal if the United States government can prove that, with requisite criminal intent, she engaged in an act aside from crossing the border that would constitute a crime. No longer should crossing the border be a strict liability criminal offense. Doing so will restore balance to the civil immigration system, conserve scarce enforcement resources to target truly criminal behavior, enhance our standing abroad, and help heal our racially-polarized discourse on immigration policy.


Opting For A Legislative Alternative To The Fourth Amendment Exclusionary Rule, Samuel Estreicher, Daniel Weick 2010 New York University School of Law

Opting For A Legislative Alternative To The Fourth Amendment Exclusionary Rule, Samuel Estreicher, Daniel Weick

New York University Public Law and Legal Theory Working Papers

Our proposal for an alternative to the exclusionary rule differs from others in that while damages actions play an important role, it proposes a regulated experiment - crafted and enacted into law by Congress pursuant to its Section 5 power to enforce the Fourteenth Amendment - whereby federal, state and local law enforcement agencies can operate free of the exclusionary rule if they develop internal mechanisms to deter police misconduct . The central focus would be on developing systematic police compliance with the Fourteenth Amendment rather than addressing individual violations.

To help frame the discussion, consider the following formulation of our proposal: Application ...


Indian Country Law Enforcement And Cooperative Public Safety Agreements, Matthew L.M. Fletcher, Kathryn E. Fort, Wenona T. Singel 2010 Michigan State University College of Law

Indian Country Law Enforcement And Cooperative Public Safety Agreements, Matthew L.M. Fletcher, Kathryn E. Fort, Wenona T. Singel

Faculty Publications

No abstract provided.


The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso 2010 Michigan State University College of Law

The Impact Of Civilian Aggravating Factors On The Military Death Penalty (1984-2005): Another Chapter In The Resistance Of The Armed Forces To The Civilianization Of Military Justice, Catherine M. Grosso

Faculty Publications

No abstract provided.


The Role Of Intimacy In The Prosecution And Sentencing Of Capital Murder Cases In The U.S. Armed Forces, 1984-2005, Catherine M. Grosso 2010 Michigan State University College of Law

The Role Of Intimacy In The Prosecution And Sentencing Of Capital Murder Cases In The U.S. Armed Forces, 1984-2005, Catherine M. Grosso

Faculty Publications

No abstract provided.


A Kiss Is Just A Kiss, Or Is It? A Comparative Look At Italian And American Sex Crimes, Alberto Cadoppi, Michael Vitiello 2010 University of Parma

A Kiss Is Just A Kiss, Or Is It? A Comparative Look At Italian And American Sex Crimes, Alberto Cadoppi, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


Defining The Reasonable Person In The Criminal Law: Fighting The Lernaean Hydra, Michael Vitiello 2010 Pacific McGeorge School of Law

Defining The Reasonable Person In The Criminal Law: Fighting The Lernaean Hydra, Michael Vitiello

McGeorge School of Law Scholarly Articles

When courts invoke the reasonable person as a means to assess culpability, they attribute to the standard some but not all of the objective and subjective characteristics of the accused. The Model Penal Code provides little guidance because the drafters intentionally punted on the issue, leaving line-drawing to the courts. This Article examines four classic self-defense cases and concludes that the courts have not drawn consistent lines regarding exactly which characteristics should be imparted to the reasonable person. The Article examines the most prominent areas of deviation and observes that fundamental inconsistencies within our societal notions of fault and punishment ...


Enforcing International Corrupt Practices Law, Paul D. Carrington 2010 Duke Law School

Enforcing International Corrupt Practices Law, Paul D. Carrington

Faculty Scholarship

This Essay strives to advance the current international movement to
deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in “developing” nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.


Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson 2010 University of Baltimore School of Law

Balancing Liberty, Dignity And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

All Faculty Scholarship

This Article undertakes the first ever analysis of the consequences of the justice and legal system’s extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman’s lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol ...


Accountability For System Criminality, Mark A. Drumbl 2010 Washington and Lee University School of Law

Accountability For System Criminality, Mark A. Drumbl

Faculty Scholarship

Not available.


Mandatory Minimalism, Erik Luna, Paul G. Cassell 2010 Washington and Lee University School of Law

Mandatory Minimalism, Erik Luna, Paul G. Cassell

Faculty Scholarship

One of us (Cassell) is a former federal judge nominated by President George W. Bush, now a “conservative” scholar whose work is often supportive of law enforcement, the death penalty, and the rights of crime victims. The other (Luna) is a “libertarian” who tends to be suspicious of government and adamant about abuses of power, including those by police and prosecutors, and his scholarship has expressed the need for wholesale criminal justice reform (especially in the federal system). If we could find common ground on ways to modify federal mandatory minimums, we hoped that policymakers might share this agreement, perhaps ...


The Torture Lawyers, Jens David Ohlin 2010 Cornell Law School

The Torture Lawyers, Jens David Ohlin

Cornell Law Faculty Publications

One of the longest shadows cast by the Bush Administration’s War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most important areas of justifications and excuses. First, the debate about torture has been overly focused on justifications for torture. This can be explained in part ...


Two Crimes For The Price Of One: Reshaping Felony Homicide In State V. Russell, Eric Henkel 2010 University of Montana School of Law

Two Crimes For The Price Of One: Reshaping Felony Homicide In State V. Russell, Eric Henkel

Montana Law Review

Reshaping Felony Homicide in State v. Russell


A Fall From Grace: United States V. W.R. Grace And The Need For Criminal Discovery Reform, Andrew King-Ries, Beth Brennan 2010 Alexander Blewett III School of Law at the University of Montana

A Fall From Grace: United States V. W.R. Grace And The Need For Criminal Discovery Reform, Andrew King-Ries, Beth Brennan

Faculty Law Review Articles

This article examines several 2009 cases involving prosecutorial misconduct arising from the federal government's failure to live up to its criminal discovery obligations. The article focuses specifically on U.S. v. W.R. Grace, a Clean Air Act criminal case in Montana. The authors' analysis of Grace and other cases suggests that the absence of a clear, enforceable rule jeopardizes the government's ability to fairly prosecute its cases and supports amending Rule 16 to eliminate the gap between prosecutors' legal and ethical duties, and to require the pretrial disclosure of evidence favorable to the defendant.


Safety In Numbers - Deciding When Dna Alone Is Enough To Convict, Andrea Roth 2010 Berkeley Law

Safety In Numbers - Deciding When Dna Alone Is Enough To Convict, Andrea Roth

Faculty Scholarship

No abstract provided.


The Space Between: The Cooperative Regulation Of Criminal Law And Family Law, Melissa Murray 2010 Berkeley Law

The Space Between: The Cooperative Regulation Of Criminal Law And Family Law, Melissa Murray

Faculty Scholarship

The article discusses the relationship between the criminal law and the family law in the regulation of marriage, sex and intimate life. It is mentioned that until recently home and family were considered impervious to criminal intervention. It is described that the criminal law has been working in tandem with the family law and played an important role in the construction of the intimate life.


Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz 2010 Chapman University

Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz

Peace Studies Faculty Articles and Research

Book review of Jodie Michelle Lawston's "Sisters Outside: Radical Activists Working for Women Prisoners".


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