Law Commons^™

Liability Of Government-Appointed Attorneys In State Tort Actions, Patricia B. Carlson

Journal of Criminal Law and Criminology

No abstract provided.

Victimless Justice, Abner J. Mikva

Journal of Criminal Law and Criminology

No abstract provided.

Consent To Search In Response To Police Threats To Seek Or To Obtain A Search Warrant: Some Alternatives, Thomas G. Gardiner

Journal of Criminal Law and Criminology

No abstract provided.

Decoster Iii: New Issues In Ineffective Assistance Of Counsel, Arthur J. Rotatori

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--Airport Searches And Seizures: Where Will The Court Land, Jeffrey A. Carter

Journal of Criminal Law and Criminology

No abstract provided.

Liberals, Conservatives, And The Exclusionary Rule, Lane V. Sunderland

Journal of Criminal Law and Criminology

No abstract provided.

Fourth Amendment--Search Of An Individual Pursuant To A Warrant To Search The Premises, Sandra J. Wall

Journal of Criminal Law and Criminology

No abstract provided.

Kentucky Law Survey: Criminal Law, Patrick M. Malone, Eileen M. Malone

Kentucky Law Journal

No abstract provided.

Rifkin, A Documentary History, 2 Computer L.J. 471 (1980), Jay Becker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Execution Without Trial: Police Homicide And The Constitution, Lawrence W. Sherman

Vanderbilt Law Review

This analysis of police homicide and the Constitution leads to the conclusion that the present state laws are unconstitutional, not just in the common-law states, but in the Model Penal Code and"forcible felony" states as well.' The present laws of every state in the union deny police homicide victims fifth and fourteenth amendment rights to due process, allow the punishment of death to be imposed in a cruel and unusual fashion, and appear to deny equal protection to blacks. The only constitutional alternative apparent is to remove police homicide from the realm of punishment and confine justification for it to …

Use Of Drug Detecting Dogs In Public High Schools, Anthony P. Gillman

Indiana Law Journal

No abstract provided.

Pretrial Rights To Counsel Under The Fifth And Sixth Amendments: A Distinction Without A Difference, Maureen A. Martin

Loyola University Chicago Law Journal

No abstract provided.

Planning Of Crime And The Criminal Career: Official And Hidden Offenses, Edna Erez

Journal of Criminal Law and Criminology

No abstract provided.

Eighth Amendment--The Death Penalty, Phyllis A. Ewer

Journal of Criminal Law and Criminology

No abstract provided.

Exploring The Limits Of Brady V. Maryland: Criminal Discovery As A Due Process Right In Access To Police Investigations And State Crime Laboratories, Walter H. Ohar

University of Richmond Law Review

Why not criminal discovery? This question has been posited by legal scholars and learned jurists alike since the liberalization of discovery methods under the modern codes of civil procedure. As inexact as the term criminal discovery may be and, according to its critics, as inapplicable as discovery may be in the criminal context, there is little doubt that the current trend is the expansion of that which is discoverable by either side prior to a criminal trial. In fact, criminal discovery has developed into something more than a problem of procedure to be resolved by the individual jurisdictions in piecemeal …

Filling In The Gaps Of Virginia Bail Reform, R. Bryan Hatchett

University of Richmond Law Review

The 1960's and early 1970's witnessed an unprecedented reform of the bail laws of this country. The reform has made it possible for a greater percentage of criminal defendants to be released before trial thereby avoiding the stigma and considerable prejudice flowing from incarceration. Even though the reform has also produced a modest increase in the number of persons who fail to appear for trial, on balance critical response to the reform has been favorable.

A Proposal For Sentence Reform In Florida, Alan C. Sundberg, Kenneth J. Plante, Kenneth R. Palmer

Florida State University Law Review

No abstract provided.

Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

This study is a comparative analysis of the international law of extradition as applied through the general extradition law of the United States and France. It will compare each country's approach to and attitude toward the phenomenon of extradition in a systematic analysis of the United States--French Treaty of Extradition.

Extradition is an extremely technical process that requires precision and cooperation between two sovereign systems, often different in fundamental legal theory and procedure. An extradition treaty represents an attempt by diplomatic and legal means to establish this process so that the two sovereign states can cooperate in rendering fugitive criminals …

Antitrust Law - The Requirement Of An Instruction On Intent In Per Se Criminal Violations Of Section 1 Of The Sherman Act, Andy Susko

Villanova Law Review

No abstract provided.

Criminal Law - Hobbs Act - Application Of The Hobbs Act In Local Political Corruption Prosecutions By The Federal Government, David E. Robbins

Villanova Law Review

No abstract provided.

The Battered Spouse Syndrome As A Defense To A Homicide Charge Under The Pennsylvania Crimes Code, Doris Del Tosto

Villanova Law Review

No abstract provided.

Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery

University of Richmond Law Review

In Jackson v. Virginia, the Burger Court recently made an apparent "about face" with regard to the scope of powers extended to a federal habeas corpus court reviewing a state court conviction. On the basis of this ruling, habeas corpus petitioners may now demand federal court examination of whether the evidence produced at their trials was sufficient to justify a finding of guilt beyond a reasonable doubt. Jackson is, therefore, a significant step beyond the Warren Court rule that due process is violated only when the record is totally devoid of any evidence to support the conviction.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Definition of Seaman under the Jones Act Need Not be Restricted to Person Assigned to Only One Vessel

Fourth Amendment Does Not Bar Warrantless Fishing Vessel Searches Authorized by the Fishery Conservation and Management Act of 1976 to Protect Fisheries in the Conservation Zone

Properly Extradited Fugitive Not Entitled to Judicial Hearing Challenging Enlargement of Original Warrant of Surrender

Visa Numbers Wrongfully Charged Against Western Hemisphere Quotas are Reissued According to an Historical Approach Rather than Chronological Order

Payment of Irrevocable Letter of Credit May Not be Enjoined on Grounds of Instability of Foreign Governments

Expropriation of a Contractual Right …

Conflict Of Interest In Criminal Cases After Cuyler V. Sullivan: Time To Reconsider The Illinois Approach, 14 J. Marshall L. Rev. 1 (1980), Robert C. Perry

UIC Law Review

No abstract provided.

The Mail-Fraud Statute: A Procrustean Bed, 14 J. Marshall L. Rev. 55 (1980), Donald V. Morano

UIC Law Review

No abstract provided.

Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris

Fordham Urban Law Journal

Despite the many persuasive reasons for criminal discovery, its development in New York took place in a gradual, ad hoc manner. This led the New York State Legislature to enact the original article 240 in the Criminal Procedure Act (CPL) in 1971 which provided the courts with a consistent framework to discovery and significantly expanded an accused rights to evidence. This article provides a comprehensive overview of the original article 240, some significant problems that arose under it, and how the new enacted article 240 attempted to address the problems. The author then argues that the new statute could have …

Constitutional Law - First Amendment - The Public And Press Have A Right Of Access To Criminal Trials Absent An Overriding Interest Articulated In Findings, Bucky Mansuy

Villanova Law Review

No abstract provided.

Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter

Fordham Urban Law Journal

This Note examines the differences between indeterminate sentencing, the goal of which is rehabilitative, and determinate sentencing. It looks at the constitutional and procedural safeguards due to prisoners at sentencing. Finally, the Note looks at legislation introduced in New York and its proposals for changing the sentencing procedures.

Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish

Cleveland State Law Review

In this dialogue, I have tried to address criticisms of the substantive criminal law, as a course and as a subject matter, made by a number of my students over several decades of teaching the subject. In away it is rather personal since it consists of the criticisms of my students and my apologia for what I have tried to do. That, however, would hardly be worth doing unless it is the case, as I believe it is, that these criticisms are widespread and that my responses speak to what is generally done in criminal law courses in this country.

A Practical Approach To Representation Of A Client During A Federal Antitrust Grand Jury Investigation, Carl L. Steinhouse

Cleveland State Law Review

Generally, in white-collar crime situations, particularly antitrust, the first time a client may know he is under investigation is after the grand jury proceedings have commenced. The client will usually find out about the investigation through the industry grapevine, through the receipt of a subpoena by his employer or through a subpoena ad testificandum to an individual in his company. It is necessary for an attorney to understand the investigative process in order to properly represent his client in the antitrust proceedings that follow.