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Articles 1 - 17 of 17

Full-Text Articles in Law

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block Nov 2009

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block

University of Richmond Law Review

No abstract provided.


Animal Law, K. Michelle Welch Nov 2009

Animal Law, K. Michelle Welch

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough Nov 2009

Criminal Law And Procedure, Michael T. Judge, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Does Strickland Prejudice Defendants On Death Row?, Kenneth Williams May 2009

Does Strickland Prejudice Defendants On Death Row?, Kenneth Williams

University of Richmond Law Review

No abstract provided.


Terrorist Detention: Directions For Reform, Benjamin J. Priester Mar 2009

Terrorist Detention: Directions For Reform, Benjamin J. Priester

University of Richmond Law Review

No abstract provided.


Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales Mar 2009

Run For The Border: Laptop Searches And The Fourth Amendment, Nathan Alexander Sales

University of Richmond Law Review

No abstract provided.


Extraordinary Rendition: A Wrong Without A Right, Robert Johnson Mar 2009

Extraordinary Rendition: A Wrong Without A Right, Robert Johnson

University of Richmond Law Review

No abstract provided.


Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee Jan 2009

Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee

Richmond Public Interest Law Review

Given the public's fear and anxiety regarding sex offenders, especially those who target children, society is predisposed to lock them up and throw away the key. To avoid reproach, however, our society must trust in our judicial processes and involuntarily commit only those who are found to be sexually violent predators beyond a reasonable doubt. Furthermore, the judicial system must unconditionally release sexually violent predators when they are deemed to no longer pose a danger to themselves or to others. The methods by which our society commits and holds such individuals implicate not only their behavior but also our own, …


Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond Jan 2009

Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond

Richmond Public Interest Law Review

This article argues that the "prosecution or the credible threat of prosecution" standard endorsed by the Supreme Court of the United States to analyze standing in challenges to criminal laws is too narrow. Part I seeks to counter the notion of unenforced criminal laws as "dead words" and "harmless empty shadows" by reviewing recent research from multiple disciplines, including psychology, sociology, and economics, which shows that unenforced laws have as strong an effect on individuals and society as prosecution or the threat of prosecution. Part II traces the history and rationale of the notion of standing and the requirement of …


An Ounce Of Prevention: Why The Innocence Movement Should Focus On Proscriptive Pre-Conviction Measures Instead Of Abolition Of The Death Penalty, Rhiannon M. Hartman Jan 2009

An Ounce Of Prevention: Why The Innocence Movement Should Focus On Proscriptive Pre-Conviction Measures Instead Of Abolition Of The Death Penalty, Rhiannon M. Hartman

Richmond Journal of Law and the Public Interest

When eyewitnesses identify defendants as perpetrators during criminal trials, juries almost always return a guilty verdict. Unfortunately, researchers consistently find that eyewitness identification is inherently inaccurate and unreliable. The Supreme Court of the United States acknowledged the broad scope of the problem as early as 1967, when it referenced Edwin M. Borchard's famous study of wrongful convictions, stating, "the vagaries of eyewitness identification are well-known; the annals of criminal law are rife with instances of mistaken identification."' Since Borchard's 1932 study, there has been no remedy for the problem of wrongful conviction based on mistaken identification. In Samuel Gross's study …


Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty Jan 2009

Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty

Richmond Journal of Law and the Public Interest

This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.


Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond Jan 2009

Injury-In-Fact, Justice-In-Fiction: Toward A More Realistic Definition Of Injury In The Context Of Unenforced Criminal Laws, Jason R. Lafond

Richmond Journal of Law and the Public Interest

This article argues that the "prosecution or the credible threat of prosecution" standard endorsed by the Supreme Court of the United States to analyze standing in challenges to criminal laws is too narrow. Part I seeks to counter the notion of unenforced criminal laws as "dead words" and "harmless empty shadows" by reviewing recent research from multiple disciplines, including psychology, sociology, and economics, which shows that unenforced laws have as strong an effect on individuals and society as prosecution or the threat of prosecution. Part II traces the history and rationale of the notion of standing and the requirement of …


Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul T. Crane Jan 2009

Did The Court Kill The Treason Charge?: Reassessing Cramer V. United States And Its Significance, Paul T. Crane

Law Faculty Publications

This Article has two main objectives. First, I will analyze the Court's decision in Cramer v. United States. Based on internal court documents, such as draft opinions and private memoranda, it is clear that the Justices had more on their minds than the specific legal question at hand. Second, I will reassess the relationship between Cramer and the lack of treason charges after 1954 and offer an explanation for the disappearance of treason prosecutions until the indictment of Gadahn in 2006. Specifically, I will highlight the significance of a traditionally underappreciated portion of the Cramer decision: the Court's statement that …


Databases, E-Discovery And Criminal Law, Ken Strutin Jan 2009

Databases, E-Discovery And Criminal Law, Ken Strutin

Richmond Journal of Law & Technology

The enduring value of the Constitution is the fundamental approach to human rights transcending time and technology. The modern complexity and variety of electronically stored information was unknown in the eighteenth century, but the elemental due process concepts forged then can be applied now. At some point, the accumulation of information surpassed the boundaries of living witnesses and paper records. The advent of computers and databases ushered in an entirely new order, giving rise to massive libraries of factual details and powerful investigative tools. But electronically collected information sources are a double-edged sword. Their accuracy and reliability are critical issues …


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke Jan 2009

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jessica M. Yoke

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the third issue of the 2008–2009 academic school year, which also is our Annual Survey on E-Discovery.


Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty Jan 2009

Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty

Richmond Public Interest Law Review

This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.


Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee Jan 2009

Lowering The Bar: In Re Van Orden And The Constitutionality Of The 2006 Amendments To Missouri's Sexually Violent Predator Act, Lauren Standlee

Richmond Journal of Law and the Public Interest

Given the public's fear and anxiety regarding sex offenders, especially those who target children, society is predisposed to lock them up and throw away the key. To avoid reproach, however, our society must trust in our judicial processes and involuntarily commit only those who are found to be sexually violent predators beyond a reasonable doubt. Furthermore, the judicial system must unconditionally release sexually violent predators when they are deemed to no longer pose a danger to themselves or to others. The methods by which our society commits and holds such individuals implicate not only their behavior but also our own, …