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Full-Text Articles in Law
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein
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This article considers whether a statute or rule of court allowing the prosecution to appeal a directed verdict of not guilty, or its equivalent, would be constitutional under the Double Jeopardy Clause.
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
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No abstract provided.
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
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This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.
Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For "New And Compelling Evidence", David S. Rudstein
Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For "New And Compelling Evidence", David S. Rudstein
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No abstract provided.
Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein
Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein
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No abstract provided.
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
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No abstract provided.
"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein
"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein
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No abstract provided.
Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein
Double Jeopardy And The Fraudulently-Obtained Acquittal, David S. Rudstein
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No abstract provided.
Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein
Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein
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No abstract provided.
White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein
White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein
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No abstract provided.
The Collateral Use Of Uncounseled Misdemeanor Convictions After Scott And Baldasar, David S. Rudstein
The Collateral Use Of Uncounseled Misdemeanor Convictions After Scott And Baldasar, David S. Rudstein
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No abstract provided.