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Articles 481 - 510 of 6990
Full-Text Articles in Entire DC Network
Easing The Tension Between Statutes Of Limitations And The Continuing Offense Doctrine, Jeffrey R. Boles
Easing The Tension Between Statutes Of Limitations And The Continuing Offense Doctrine, Jeffrey R. Boles
Northwestern Journal of Law & Social Policy
This Article is the first to analyze comprehensively the relationship between the continuing offense doctrine and criminal statutes of limitations. The continuing offense doctrine is a powerful tool for prosecutors who face statute of limitations challenges. It functions to delay the running of statutes of limitations for certain crimes by postponing the completion of those crimes. In order to trigger the operation of the doctrine, a court must conclude that a particular crime is a “continuing offense” for statute of limitations purposes. Identifying what crimes are continuing offenses has been a problematic exercise for federal courts, leading to a growing …
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
Northwestern Journal of Law & Social Policy
Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …
The Bin Laden Exception, Erik Luna
Bad News For Everybody: Lawson And Kopel On Health Care Reform And Originalism, Andrew M. Koppelman
Bad News For Everybody: Lawson And Kopel On Health Care Reform And Originalism, Andrew M. Koppelman
Faculty Working Papers
Gary Lawson & David Kopel's Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate argues, on the basis of recent research, that the Necessary and Proper Clause incorporates norms from eighteenth-century agency law, administrative law, and corporate law, and that the mandate (and perhaps much else in the U.S. Code, though they are coy about this) violates those norms. The Necessary and Proper Clause, as they understand it, tightly limits the scope of implied powers. These claims are obscure even on their own terms. It is mysterious how we are to know whether the power to impose …
Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson
Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson
Northwestern Journal of Law & Social Policy
Starting in the 1970s, the U.S. federal government and many state and local governments adopted “get tough” policies against crime. These new strict policy initiatives produced an explosion of incarceration in prisons throughout the country. They also impacted local jails as well, particularly in the numbers of persons detained pre-trial. This Article explores this phenomenon and its implications for local governments, as well as its unforeseen consequences on communities, particularly communities of color. The Article uses Harris County, Texas to exemplify the systematic problems resulting from the over-jailing of its citizens, particularly persons who are detained pre-trial. We attempt to …
Reflections On The Atrophying Pardon Power, Paul Rosenzweig
Reflections On The Atrophying Pardon Power, Paul Rosenzweig
Journal of Criminal Law and Criminology
No abstract provided.
Overcriminalizing Immigration, Jennifer M. Chacón
Overcriminalizing Immigration, Jennifer M. Chacón
Journal of Criminal Law and Criminology
No abstract provided.
Reconsidering The Mistake Of Law Defense, Edwin Meese Iii, Paul J. Larkin, Jr.
Reconsidering The Mistake Of Law Defense, Edwin Meese Iii, Paul J. Larkin, Jr.
Journal of Criminal Law and Criminology
No abstract provided.
Beyond Procedural Justice: A Dialogic Approach To Legitimacy In Criminal Justice, Anthony Bottoms, Justice Tankebe
Beyond Procedural Justice: A Dialogic Approach To Legitimacy In Criminal Justice, Anthony Bottoms, Justice Tankebe
Journal of Criminal Law and Criminology
No abstract provided.
Queer (In)Justice: Mapping New Gay (Scholarly) Agendas, Giovanna Shay, J. Kelly Strader
Queer (In)Justice: Mapping New Gay (Scholarly) Agendas, Giovanna Shay, J. Kelly Strader
Journal of Criminal Law and Criminology
No abstract provided.
The Data-Broker Threat: Proposing Federal Legislation To Protect Post-Expungement Privacy, Logan Danielle Wayne
The Data-Broker Threat: Proposing Federal Legislation To Protect Post-Expungement Privacy, Logan Danielle Wayne
Journal of Criminal Law and Criminology
No abstract provided.
Judicial Gatekeeping Of Police-Generated Witness Testimony, Sandra Guerra Thompson
Judicial Gatekeeping Of Police-Generated Witness Testimony, Sandra Guerra Thompson
Journal of Criminal Law and Criminology
No abstract provided.
Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracy L. Meares, Jeffrey Fagan
Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracy L. Meares, Jeffrey Fagan
Journal of Criminal Law and Criminology
No abstract provided.
Civil Death Is Different: An Examination Of A Post-Graham Challenge To Felon Disenfranchisement Under The Eighth Amendment, Sarah C. Grady
Civil Death Is Different: An Examination Of A Post-Graham Challenge To Felon Disenfranchisement Under The Eighth Amendment, Sarah C. Grady
Journal of Criminal Law and Criminology
No abstract provided.
"Historic" In A Bad Way: How The Tribal Law And Order Act Continues The American Tradition Of Providing Inadequate Protection To American Indian And Alaska Native Rape Victims, Jasmine Owens
Journal of Criminal Law and Criminology
No abstract provided.
Foreword, Zach Dillon
Overcriminalization: New Approaches To A Growing Problem, Ellen S. Podgor
Overcriminalization: New Approaches To A Growing Problem, Ellen S. Podgor
Journal of Criminal Law and Criminology
No abstract provided.
Overcoming Overcriminalization, Stephen F. Smith
Overcoming Overcriminalization, Stephen F. Smith
Journal of Criminal Law and Criminology
No abstract provided.
Prosecutorial Decriminalization, Erik Luna
Prosecutorial Decriminalization, Erik Luna
Journal of Criminal Law and Criminology
No abstract provided.
A View From The States: Evidence-Based Public Safety Legislation, Juliene James, Lauren-Brooke Eisen, Ram Subramanian
A View From The States: Evidence-Based Public Safety Legislation, Juliene James, Lauren-Brooke Eisen, Ram Subramanian
Journal of Criminal Law and Criminology
No abstract provided.
Summary Exhibits And The Confrontation Clause: Looking Beyond The Hearsay Rule For Evidentiary Implications Of Crawford's Progeny, Karim Basaria
Summary Exhibits And The Confrontation Clause: Looking Beyond The Hearsay Rule For Evidentiary Implications Of Crawford's Progeny, Karim Basaria
Journal of Criminal Law and Criminology
No abstract provided.
Judicial Intervention And Juvenile Corrections Reform: A Case Study Of Jerry M. V. District Of Columbia, Will Singer
Judicial Intervention And Juvenile Corrections Reform: A Case Study Of Jerry M. V. District Of Columbia, Will Singer
Journal of Criminal Law and Criminology
No abstract provided.
Prosecution In 3-D, Kay L. Levine, Ronald F. Wright
Prosecution In 3-D, Kay L. Levine, Ronald F. Wright
Journal of Criminal Law and Criminology
No abstract provided.
Prosecutorial Discretion, Hidden Costs, And The Death Penalty: The Case Of Los Angeles County, Nicholas Petersen, Mona Lynch
Prosecutorial Discretion, Hidden Costs, And The Death Penalty: The Case Of Los Angeles County, Nicholas Petersen, Mona Lynch
Journal of Criminal Law and Criminology
No abstract provided.
Prosecutorial Training Wheels: Ginsburg's Connick V. Thompson Dissent And The Training Imperative, Timothy Fry
Prosecutorial Training Wheels: Ginsburg's Connick V. Thompson Dissent And The Training Imperative, Timothy Fry
Journal of Criminal Law and Criminology
No abstract provided.
"Somebody Help Me Understand This": The Supreme Court's Interpretation Of Prosecutorial Immunity And Liability Under § 1983, Kate Mcclelland
"Somebody Help Me Understand This": The Supreme Court's Interpretation Of Prosecutorial Immunity And Liability Under § 1983, Kate Mcclelland
Journal of Criminal Law and Criminology
No abstract provided.
Physician, Heal Thyself: Discretion And The Problem Of Excessive Prosecutorial Caseloads, A Response To Adam Gershowitz And Laura Killinger, Josh Bowers
NULR Online
No abstract provided.
Sacrificing Quantity For Quality: Better Focusing Prosecutors’ Scarce Resources, Stephanos Bibas
Sacrificing Quantity For Quality: Better Focusing Prosecutors’ Scarce Resources, Stephanos Bibas
NULR Online
No abstract provided.
The Crime Victim’S Expanding Role In A System Of Public Prosecution: A Response To The Critics Of The Crime Victims’ Rights Act, Paul G. Cassell, Steven Joffee
The Crime Victim’S Expanding Role In A System Of Public Prosecution: A Response To The Critics Of The Crime Victims’ Rights Act, Paul G. Cassell, Steven Joffee
NULR Online
The American criminal justice system is often envisioned as one in which public prosecutors pursue public prosecutions on behalf of the public—leaving no room for crime victims’ involvement. However, state and federal statutes and state constitutional amendments have challenged this vision. Perhaps the best example of such a challenge comes from the Crime Victims’ Rights Act (“CVRA”), a federal statute passed by Congress in 2004 that guarantees victims a series of rights in federal criminal proceedings.
Resolving The Qualified Immunity Dilemma: Constitutional Tort Claims For Nominal Damages, James E. Pfander
Resolving The Qualified Immunity Dilemma: Constitutional Tort Claims For Nominal Damages, James E. Pfander
Faculty Working Papers
Scholars have criticized the Court's qualified immunity decision in Pearson v. Callahan on the ground that it may lead to stagnation in the judicial elaboration of constitutional norms. Under current law, officers sued in their personal capacity for constitutional torts enjoy qualified immunity from liability unless the plaintiff can persuade the court that the conduct in question violated clearly established law. Pearson permits the lower courts to dismiss on the basis of legal uncertainty; it no longer requires the courts to address the merits of the constitutional question. This essay suggests that constitutional tort claimants should be permitted to avoid …