Law Commons^™

Domestic Terror (The Sniper Suspect's Divorce Records Show Patterns Of Power And Control And Missed Opportunities By The System To Intervene.), Jane C. Murphy

All Faculty Scholarship

Over the past few months, we have learned much about the violent, troubled life of sniper suspect John Allen Muhammad. Whether or not he pulled the trigger - some recent reports have pointed to his 17-year-old companion Lee Boyd Malvo as the main shooter - there is no doubt in the minds of domestic-violence experts that this adult is responsible for these deaths.

While many pundits conclude that we will never know what motivated the sniper suspect, to domestic violence experts his is an all-too-familiar story of a man whose relationships with the women and children - possibly including Malvo …

Trends. The Paradise Hotel Bombing: Trouble In Judicial Paradise, Ibpp Editor

International Bulletin of Political Psychology

This article discussed the bombing of the Kenyan Hotel Paradise in November 2002, and the detention of suspects.

Can The "Public Interest" Justify Non-Consensual Searches Of Homes In Bankruptcy Cases?, A. Mechele Dickerson

William & Mary Bill of Rights Journal

No abstract provided.

Are Police Free To Disregard Miranda?, Steven D. Clymer

Cornell Law Faculty Publications

What Is And Is Not Pathological In Criminal Law, Kyron Huigens

Michigan Law Review

In a recent article in this law review, William J. Stuntz argues that criminal law in the United States suffers from a political pathology. The incentives of legislators are such that the notorious overcriminalization of American society is deep as well as broad. That is, not only are remote corners of life subject to criminal penalties - such things as tearing tags off mattresses and overworking animals - but now crimes are defined with the express design of easing the way to conviction. Is proof of a tangible harm an obstacle to using wire and mail fraud statutes to prosecute …

Reply: Criminal Law's Pathology, William J. Stuntz

Michigan Law Review

I thank Kyron Huigens for devoting his time and his considerable talent to responding to my article, The Pathological Politics of Criminal Law. I also thank editors of the Michigan Law Review for giving me the opportunity to reply. It is best to begin by defining the contested territory. Huigens and I agree (I think) on three propositions. First, American criminal law, both federal and state, is very broad; it covers a great deal more conduct than most people would expect. Second, American criminal law is very deep: that which it criminalizes, it criminalizes repeatedly, so that a single …

Constitutional Dignity And The Criminal Law, James E. Baker

Georgetown Law Faculty Publications and Other Works

Criminal law is important because it helps to define who we are as a constitutional democracy. There is much that distinguishes our form of government from others, but certainly much of that distinction is found in the Bill of Rights and in two simple words: due process. All of which help to affirm the value and sanctity of the individual in our society. Broadly then, criminal law helps to define who we are as a nation that values both order and liberty.

That is what many of the greatest judicial debates are about, like those involving Holmes, Hand, Jackson, and …

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor

International Bulletin of Political Psychology

This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.

Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard

University of Richmond Law Review

No abstract provided.

Threats, Free Speech, And The Jurisprudence Of The Federal Criminal Law, G. Robert Blakey, Brian J. Murray

BYU Law Review

No abstract provided.

4th Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 4th Annual Computer & Technology Law Institute held by UK/CLE in November 2002.

7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon

Thomas D. Lyon

Vigilantes V. Pirates: The Rumble Over Peer-To-Peer Technology Hits The House Floor, Christopher Fazekas

Duke Law & Technology Review

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Prom Mom Killers: The Impact Of Blame Shift And Distorted Statistics On Punishment For Neonaticide, Lynne Marie Kohm, Thomas Scott Liverman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Document Destruction After Arthur Andersen: Is It Still Housekeeping Or Is It A Crime, Steven Lubet

The Journal of Appellate Practice and Process

No abstract provided.

Tailored Police Testimony At Suppression Hearings, Joel Atlas

Cornell Law Faculty Publications

Whether a court must suppress evidence typically turns on the conduct or observations of the police officer who discovered the evidence. By falsely testifying to the facts surrounding the discovery of the evidence, a police officer may validate a blatantly unconstitutional search. New York courts have long recognized that police officers sometimes fabricate suppression testimony to meet constitutional restrictions. Indeed, the Appellate Division has rejected police testimony at suppression hearings where the officer’s testimony appears to have been “patently tailored to nullify constitutional objections.” Although, to be sure, rejections are rare and their number appears to be declining, the appellate …

A Skeptical Answer To Edmundson's Contextualism: What We Know We Lawyers Know, Rob Atkinson

Scholarly Publications

No abstract provided.

Convictions Of Innocent Persons In Massachusetts: An Overview, Stanley Z. Fisher

Faculty Scholarship

Scholars documenting the incidence and causes of wrongful convictions in the United States have focused on cases arising all across the country. Because reform of the practices that lead to such errors of justice must largely take place on the state level, there is value in examining wrongful convictions in particular jurisdictions. This article attempts to identify and briefly describe all known cases of conviction of innocent persons in Massachusetts from 1800 to the present time. Part I discusses the criteria for identifying "the innocent." For the purpose of gaining support for needed reforms in the law, the most persuasive …

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Section 8: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Protecting The Homeland By Exemption: Why The Critical Infrastructure Information Act Of 2002 Will Degrade The Freedom Of Information Act, Brett Stohs

Duke Law & Technology Review

To protect against "cyberterror," the House version of the Homeland Security Act exempts information related to the nation's critical infrastructure from the Freedom of Information Act disclosure requirements. The proposed exemption unnecessarily threatens public access to vital information about health and safety information; information the Freedom of Information Act was designed to guarantee.

Sneak And Peak Search Warrants, Donald E. Wilkes Jr.

Popular Media

In his recent article "Taking Liberty with Freedom," author Richard P. Moore reminds us that the USA Patriot Act, signed by President Bush last Oct. 26 in the wake of the Sept. 11 terrorist attacks, "gives the government the kind of sweeping powers of arrest, detention, surveillance, investigation, deportation, and search and seizure that ... assault ... our most basic freedoms."

I want to examine here a single section of the USA Patriot Act--section 213, definitely one of the most sinister provisions of this monstrous statute.

Script Kiddies Beware: The Long Arm Of U.S. Jurisdiction To Prescribe, John Eisinger

Washington and Lee Law Review

No abstract provided.

The Devil In Us. V. Jones: Church Burnings, Federalism, And A New Look At The Hobbs Act, Thomas Heyward Carter, Iii

Washington and Lee Law Review

No abstract provided.

International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu

Pace International Law Review

No abstract provided.

Indianapolis V. Edmond: Roadblock To Fourth Amendment Erosion Of Individual Security, Samuel Bateman

Nevada Law Journal

No abstract provided.

What Marc Antony, Lady Macbeth, And Iago Teach Us About The First Amendment, Michael Vitiello

Nevada Law Journal

No abstract provided.

6. Child Witnesses And The Oath., Thomas D. Lyon

Thomas D. Lyon

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

In Defence Of The Right To Trial By Jury: A Solution To The Ailing Czech Justice System?, Susan Rutberg

Publications

According to the pollsters, public confidence in the Czech justice system is very low. 65% of Czechs do not trust their judges. Certainly, there is a connection between this mistrust and the fact that approximately 40% of the CR's 2500 current judges have been on the bench since before 1989. To an outsider, it seems surprising that the post-communist governments did not make changes to a system that had been controlled by the Communist party. The institution of trial by jury may be one way to promote public confidence in the Czech justice system.

The purpose of this article is …