Digital Commons Network^™

Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

1992 Criminal Law Legislative Update, H. Patrick Furman

Publications

No abstract provided.

Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman

Publications

No abstract provided.

Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi

Publications

No abstract provided.

Rights Of The Criminally Accused, B. J. George Jr.

Law and Contemporary Problems

No abstract provided.

Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng

Faculty Scholarship

American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

Publications

No abstract provided.

How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch

Faculty Scholarship

The title of this paper asks what appears to be a simple and important question: Just how much does the availability of extensive private civil remedies for violation of the RICO statute add to the effort to ensure compliance with the norms of criminal law? These remarks address only civil RICO actions by private plaintiffs. The once-rare, but increasingly frequent, civil RICO actions brought by the United States present very different issues. This question is, of course, only a part of any assessment of the value of civil RICO. One may conclude that civil RICO is of little or no …

A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch

Faculty Scholarship

RICO is nearing its twentieth birthday, but it may not be a happy one. In fact, 'tis the season for critics of RICO to be, if not jolly, at least highly active. A House subcommittee and the Senate Judiciary Committee have held hearings on RICO reform, the popular and business press has published numerous debates and criticisms involving fairly arcane points of civil and criminal law, scholars and lawyers have filled law reviews and legal newspapers with articles often critical of the statute, and the pressure has been building for statutory changes.

As the pressure for change has intensified, and …

Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Rethinking Criminal Joinder: An Analysis Of The Empirical Research And Its Implications For Justice, James Farrin

Law and Contemporary Problems

No abstract provided.

Sentencing Reform And Appellate Review, William W. Wilkins, Jr.

Washington and Lee Law Review

No abstract provided.

The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby

Articles

No abstract provided.

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez

University of Miami Law Review

No abstract provided.

The Counterrevolution Enters A New Era: Criminal Procedure Decisions During The Final Term Of The Burger Court, Charles Whitebread

Seattle University Law Review

This Article canvases the Burger Court’s counterrevolution in criminal procedure effectuated by a series of rulings that restructured the balance between the state and the criminally accused. The Article identifies the five major themes that have marked the Burger Court’s counterrevolution in criminal procedure and demonstrates how these themes were illustrated by various decisions this term during the 1985-86 term. After providing this background, the Article poses questions of how shifts in the composition of the Court may affect the trajectory of criminal procedure.

Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi

Publications

No abstract provided.

Media Access To Tape-Recorded Evidence In Criminal Trials, Lisa Kahaty Starczewski

Villanova Law Review (1956 - )

No abstract provided.

Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch

Faculty Scholarship

In the first portion of this study, we saw that the Supreme Court in its 1981 Turkette decision endorsed what was already the consensus view of the courts of appeals that a group of individuals associated in fact to pursue entirely illegitimate purposes could constitute a RICO enterprise. Prosecutions of such associations have quickly become the leading use of the statute. It can be reliably estimated that more than forty percent of the reported appellate cases involving RICO indictments concern prosecutions in which the alleged enterprise was such an illicit association. When the cases are classified by the nature of …

Francis A. Allen: 'Confront[Ing] The Most Explosive Problems' And 'Plumbing All Issues To Their Full Depth Without Fear Or Prejudice', Yale Kamisar

Articles

Frank Allen began his distinguished teaching career more than thirty-five years ago - at a time when, at more law schools than we like to remember, "the basic criminal law course was routinely assigned to the youngest and most vulnerable member of the faculty or to that colleague suspected of mild brain damage and hence incompetent to deal with courses that really matter."' That those of us who taught criminal law years later were warmly received by our colleagues is in no small measure a tribute to the quality of mind and character and intellectual energy of people like Allen, …

Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Inadi, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Smith V. Murray, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Criminal Procedure

William Mitchell Law Review

No abstract provided.

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.

The Wrongs Of Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

The Prosecutorial Perspective: The Victim And Witness Protection Act Of 1982, William A. Kolibash

West Virginia Law Review

No abstract provided.

Bowman V. Leverette: Retroactivity Of Criminal Procedure Decisions, Mary Sanders Richards, John Michael Hedges

West Virginia Law Review

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

This Survey covers significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1980, to July 1, 1982. It does not include cases construing the penal code or noteworthy decisions in the Kentucky law of evidence. The author has selected the most important criminal procedure cases for treatment in the text; a number of significant cases are summarized in footnotes.