Digital Commons Network^™

Striking Jurors Under Batson V. Kentucky, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Converting Retained Lawyers Into Appointed Lawyers: The Ethical And Tactical Implications, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Commentary: Are We Reprising A Finale Or An Overture?, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Illegal Traffic In Women: A Civil Rico Proposal, Lan Cao

Faculty Publications

No abstract provided.

Establishing A Deprivation Of A Constitutional Right To Personal Security Under Section 1983: The Use Of Unjustified Force By State Officials In Violation Of The Fourth, Eighth, And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

The Development Of Entrapment Law, Paul Marcus

Faculty Publications

No abstract provided.

Criminal Law, Richard A. Williamson

Faculty Publications

No abstract provided.

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Faculty Publications

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.

Simmering On The "Backburner": The Challenge Of Yarbrough, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Joint Criminal Participation: Establishing Responsibility, Abandonment, Paul Marcus

Faculty Publications

No abstract provided.

Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil

Faculty Publications

No abstract provided.

Introduction And Welcome, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli

Faculty Publications

No abstract provided.

Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch

Faculty Publications

The power to appoint an unwilling attorney, whether judicial or statutory in origin, has been challenged in principle on three grounds, founded in the Federal Constitution and its state counterparts: (i) that to require the lawyer to serve constitutes involuntary servitude, within the meaning of the thirteenth amendment;' (ii) that it constitutes an unlawful taking of property, or at the very least constitutes a taking for a public use which requires just compensation, under the fifth amendment;8 and (iii) that to subject attorneys as a class to such an obligation constitutes discrimination which would deny them equal protection of the …

The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus

Faculty Publications

No abstract provided.

The Good Faith Exception To The Exclusionary Rule: A Panel Discussion, Gerald F. Uelmen

Faculty Publications

No abstract provided.

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus

Faculty Publications

No abstract provided.

White Collar Crime: A Legal Overview, Paul Marcus

Faculty Publications

No abstract provided.

Dissent: Supreme Court Reform: Diversion Instead Of Division, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Making Sense Out Of The California Criminal Statute Of Limitations, Gerald F. Uelmen

Faculty Publications

No abstract provided.

The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone

Faculty Publications

No abstract provided.

Rape, Racism, And The Law, Jennifer Wriggins

Faculty Publications

The historical legacy of the racist social meaning of rape and the consequences of that legacy are the focus of this article. The article, written in 1983, analyzes the U.S. law of rape, its history, and its legacy, from a perspective that is both feminist and antiracist. It examines the intersections and interactions of race and gender subordination in the context of rape, particularly looking at race and gender issues involving African-Americans and whites. It describes how the legal system’s selective acknowledgement of rape has disproportionately targeted African-American men for punishment and made African-American women both particularly vulnerable and particularly …

How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger

Faculty Publications

No abstract provided.

The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan

Faculty Publications

Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …

Book Review Of The Model Penal Code And Commentaries, Paul Marcus

Faculty Publications

No abstract provided.

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Faculty Publications

No abstract provided.

The Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus

Faculty Publications

The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …

Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker

Faculty Publications

No abstract provided.