Digital Commons Network^™

Bordenkircher V. Hayes: Prosecutorial Discretion During Plea Bargaining, Alan M. Wishnoff

Buffalo Law Review

No abstract provided.

Recent Cases, Daniel P. Smith, R. Michael Moore

Vanderbilt Law Review

Courts Split on the Necessity of Separate Authorization for a Covert Entry Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Daniel Paul Smith

Title III of the Omnibus Crime Control and Safe Streets Act of 1968,' which regulates the use of electronic surveillance, was designed to protect "the privacy of wire and oral communications,"and to delineate "on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized."' In general, communications may be intercepted only by law enforcement officers, who are engaged in the investigation of …

Right Of Privacy—Fornication Statute Held Unconstitutional—State V. Saunders, Lawrence M. Ross

Buffalo Law Review

No abstract provided.

Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens

St. Mary's Law Journal

Abstract Forthcoming.

First Amendment Ancillary Doctrines, David S. Bogen

Faculty Scholarship

No abstract provided.

The Death Penalty For Rape, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

On Judicial Policymaking And Constitutional Change: Another Look At The Original Intent Theory Of Constitutional Interpretation, Dean Alfange Jr.

UC Law Constitutional Quarterly

No abstract provided.

The Federal Criminal Code Reform Act Of 1977 And Prosecutorial Appeal Of Sentences: Justice Or Double Jeopardy?, Paul W. Spence

Maryland Law Review

No abstract provided.

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

UC Law Constitutional Quarterly

No abstract provided.

Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons

Villanova Law Review (1956 - )

No abstract provided.

Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those claims. The Warren Court's landmark attempt to resolve this relationship was the 1963 decision in Fay v. Noia, which asserted that a state procedural forfeiture rule could not bar federal habeas review of a constitutional claim unless the defendant had "deliberately bypassed" the procedural opportunity to raise the claim; the Court defined "deliberate bypass" in terms of a defendant's intentional and voluntary relinquishment of …

The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger

Faculty Works

No abstract provided.

Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …

Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison

Villanova Law Review (1956 - )

No abstract provided.

Bordenkircher V. Hayes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pins Jurisdiction, The Vagueness Doctrine, And The Rule Of Law, All Katz, Lee E. Teitelbaum

Indiana Law Journal

No abstract provided.

Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder

Florida State University Law Review

Constitutional Law- SEARCH AND SEIZURE- SCHOOL OFFICIALS' AUTHORITY TO SEARCH STUDENTS IS AUGMENTED BY THE In Loco Parentis DOCTRINE.

Turner V. State, 340 So. 2d 132 (Fla. 2d Dist. Ct. App. 1976), Melanie Hines Alford

Florida State University Law Review

Criminal Law- ETHICS- PUBLIC DEFENDER'S OFFICE IS A "LAW FIRM" FOR PURPOSE OF DETERMINING WHETHER CONFLICT EXISTS IN REPRESENTATION OF CODEFENDANTS.

The Jury's Role Under The Indiana Constitution, Carolyn White Spengler

Indiana Law Journal

No abstract provided.

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira Robbins

Scholarly Articles in Law Reviews & Journals

The 1960's marked a watershed for the criminal justice system. In such areas as search and seizure, right to counsel and the privilege against self-incrimination, the federal courts first defined substantive constitutional rights and then imposed them upon disinclined functionaries at the state level. At first, these innovations raised thorny questions of constitutional interpretation about the rights involved, but, as is especially visible in the search and seizure area, the debate more recently has focused on the remedy chosen by the Supreme Court for enforcing these rights against the states.' This pattern of escalating federal involvement in the criminal justice …

Teaching Constitutional Law And Civil Liberties To Undergraduates, Stevens J. Simmons

Journal of Legal Education

No abstract provided.

A New Perspective On Teaching Constitutional Law, Robert Rosenblum

Journal of Legal Education

No abstract provided.

The President's Power To Pardon: A Constitutional History, William F. Duker

William & Mary Law Review

No abstract provided.

Stone V. Powell: Scope Of Habeas Corpus Restricted, 10 J. Marshall J. Of Prac. & Proc. 401 (1977), Thomas M. Kilbane Jr.

UIC Law Review

No abstract provided.

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Duty To Decide Vs. The Daedalian Doctrine Of Abstention, Harlan S. Abrahams, Brian E. Mattis

Seattle University Law Review

It is the thesis of this article that the growing trend in the federal courts to refuse to exercise their assigned jurisdiction violates the doctrine of the separation of powers, and that the federal judiciary's excuses for refusing to perform their tasks do not pass constitutional muster. Specifically, this article will demonstrate that those excuses either do not rise to a level of constitutional concern sufficient to justify the trend or are based on a perversion of the admittedly constitutional concept of federalism, a concept affording the individual citizen a structural protection against arbitrary government in additionto the structural protection …

Porno Non Est Pro Bono Publico: Obscenity As A Public Nuisance In California, Roger Oglesby

UC Law Constitutional Quarterly

No abstract provided.

Tribute To Chief Justice Donald R. Wright, Ralph N. Kleps

UC Law Constitutional Quarterly

No abstract provided.

Rights And Remedies In The Federal District Courts Of Mexico And The United States, Carl E. Schwarz

UC Law Constitutional Quarterly

No abstract provided.