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Articles 1 - 30 of 54
Full-Text Articles in Law
Why Law (School) Matters, Jesse Rutledge, Paul Marcus
Why Law (School) Matters, Jesse Rutledge, Paul Marcus
Paul Marcus
Who are tomorrow’s lawyers? Professor Marcus talks about the declining number of applicants for law school, but the increasing quality of students.
Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus
Why The United States Supreme Court Got Some [But Not A Lot] Of The Sixth Amendment Right To Counsel Analysis Right, Paul Marcus
Paul Marcus
No abstract provided.
White Collar Crime: A Legal Overview, Paul Marcus
The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus
The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus
Paul Marcus
No abstract provided.
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
Paul Marcus
No abstract provided.
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Paul Marcus
No abstract provided.
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
The Supreme Court And The Privilege Against Self-Incrimination: Has The Burger Court Retreated?, Paul Marcus
Paul Marcus
No abstract provided.
The United States Criminal Justice System: A Brief Overview, Paul Marcus
The United States Criminal Justice System: A Brief Overview, Paul Marcus
Paul Marcus
No abstract provided.
The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus
The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus
Paul Marcus
No abstract provided.
The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus
The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus
Paul Marcus
No abstract provided.
The Miranda Custody Requirement And Juveniles, Paul Marcus
The Miranda Custody Requirement And Juveniles, Paul Marcus
Paul Marcus
Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.
Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
Paul Marcus
No abstract provided.
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
Paul Marcus
No abstract provided.
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
Paul Marcus
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 …
The Fall And Rise Of The Entrapment Defense, Paul Marcus
The Fall And Rise Of The Entrapment Defense, Paul Marcus
Paul Marcus
No abstract provided.
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Paul Marcus
No abstract provided.
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
Paul Marcus
The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …
The Entrapment Defense: An Interview, Paul Marcus
The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus
The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus
Paul Marcus
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.
The Development Of Entrapment Law, Paul Marcus
The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus
The Crisis In Indigent Defense: A National Perspective, Mary Sue Backus, Paul Marcus
Paul Marcus
No abstract provided.
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
Paul Marcus
No abstract provided.
State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus
State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus
Paul Marcus
No abstract provided.
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
Paul Marcus
No abstract provided.
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
Paul Marcus
No abstract provided.
The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus
The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus
Paul Marcus
No abstract provided.
Proving Entrapment Under The Predisposition Test, Paul Marcus
Proving Entrapment Under The Predisposition Test, Paul Marcus
Paul Marcus
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Paul Marcus
No abstract provided.
Re-Evaluating Large Multiple-Defendant Criminal Prosecutions, Paul Marcus
Re-Evaluating Large Multiple-Defendant Criminal Prosecutions, Paul Marcus
Paul Marcus
No abstract provided.
Reflecting On The Past, Preparing For The Future: A Q&A With Aals President Paul Marcus, Jim Greif, Paul Marcus
Reflecting On The Past, Preparing For The Future: A Q&A With Aals President Paul Marcus, Jim Greif, Paul Marcus
Paul Marcus
No abstract provided.