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Articles 1 - 30 of 162
Full-Text Articles in Law
Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy
Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.
Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna
Sex-Bias Topics In The Criminal Law Course: A Survey Of Criminal Law Professors, Nancy S. Erickson, Mary Ann Lamanna
University of Michigan Journal of Law Reform
This Article addresses the empirical question of whether law school curricula have advanced to the stage of integrating materials on gender-related topics into core courses, thus exposing students to gender-related topics in the law and presenting a perspective shaped by women's as well as men's experiences. We examine one of the central courses of the law school curriculum: criminal law. Although some of the attention directed to sex discrimination in law has focused on specific areas of criminal law such as rape and spouse abuse, a more systematic scrutiny of the substantive rules of criminal law and the ways in …
Stanford V. Kentucky And Wilkins V. Missouri: A Violation Of An Emerging Rule Of Customary International Law, Laura Dalton
Stanford V. Kentucky And Wilkins V. Missouri: A Violation Of An Emerging Rule Of Customary International Law, Laura Dalton
William & Mary Law Review
No abstract provided.
The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer
The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer
Dalhousie Law Journal
Why bother annotating the Criminal Code? At first blush the answer seems as plain to the casual reader as it did to Sir Charles: judges and others join Parliament in making criminal law. Indeed, despite the promise implicit in its short title, the Criminal Code is no more than An Act respecting the Criminal Law - a near-code which was and is a boat designed to be full of holes, to the great comfort of those standing by as it was launched in 1892 and, to a lesser extent, those hard at work bailing it out today. Today's Code admits …
Antipsychotic Drugs And The Incompetent Defendant: A Perspective On The Treatment And Prosecution Of Incompetent Defendants
Washington and Lee Law Review
No abstract provided.
Rico's Section 1962(A) And The Investment Injury Rule: Is Big Business Off The Hook?, Kristen Hayes Sorensen
Rico's Section 1962(A) And The Investment Injury Rule: Is Big Business Off The Hook?, Kristen Hayes Sorensen
BYU Law Review
No abstract provided.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle
University of Michigan Journal of Law Reform
Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Testimony By Powell, Lewis F. Powell Jr.
Habeas Corpus Committee - Testimony By Powell, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
In Case Of Confession, Andrea Lyon
Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers
Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers
History Faculty Publications
Review of the book, Twice Condemned: Slaves and the Criminal Laws of Virginia, 1705-1865, by Philip J. Schwarz. Baton Rouge: Louisiana University Press, 1988.
Moralistic Liberalism And Legal Moralism, Robert P. George
Moralistic Liberalism And Legal Moralism, Robert P. George
Michigan Law Review
A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinberg
Defending Women, Susan Estrich
Defending Women, Susan Estrich
Michigan Law Review
A Review of Justifiable Homicide: Battered Women, Self-Defense and The Law by Cynthia Gillespie
Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler
Hating Criminals: How Can Something That Feels So Good Be Wrong?, Joshua Dressler
Michigan Law Review
A Review of Forgiveness and Mercy by Jeffrie G. Murphy and Jean Hampton
Crimes Of Obedience: Toward Social Psychology Of Authority And Responsibility, Michael Kenneth Isenman
Crimes Of Obedience: Toward Social Psychology Of Authority And Responsibility, Michael Kenneth Isenman
Michigan Law Review
A Review of Crimes of Obedience: Toward Social Psychology of Authority and Responsibility by Herbert C. Kelman and V. Lee Hamilton
The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers
The Child Sexual Abuse Literature: A Call For Greater Objectivity, John E.B. Myers
Michigan Law Review
A Review of Accusations of Child Sexual Abuse by Hollida Wakefield and Ralph Underwager., The Battle and the Backlash: The Child Sexual Abuse War by David Hechler., On Trial: America's Courts and Their Treatment of Sexually Abused Children by Billie Wright Dziech and Chales B. Schudson.
Of Literature, Politics, And Crime, Francis A. Allen
Of Literature, Politics, And Crime, Francis A. Allen
Michigan Law Review
A Review of Seductions of Crime: Moral and Sensual Attractions in Doing Evil
Lawyer's Justice, William A. Edmundson
Lawyer's Justice, William A. Edmundson
Michigan Law Review
A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman
The Aftermath Of The Marshall Commission: A Preliminary Opinion, H Archibald Kaiser
The Aftermath Of The Marshall Commission: A Preliminary Opinion, H Archibald Kaiser
Dalhousie Law Journal
Prolegomena to the Cure or the Beginning of the Epitaph: "Look, Doctor, try to see things my way. All the diagnoses have been made and the treatment has been prescribed, but somehow ... I just don't feel quite right. Sometimes I think I'll never get well. Is there something you haven't told me? The Doctor's skeptical but still deferential patient echoes the sentiments of many who have keenly observed the unfolding of the Donald Marshall, Jr. saga. A monstrous injustice was perpetrated and then sustained over a period of fifteen years in the conviction and ongoing persecution of an innocent …
Do Jurors Understand Criminal Jury Instructions? Analyzing The Results Of The Michigan Juror Comprehension Project, Geoffrey P. Kramer, Dorean M. Koenig
Do Jurors Understand Criminal Jury Instructions? Analyzing The Results Of The Michigan Juror Comprehension Project, Geoffrey P. Kramer, Dorean M. Koenig
University of Michigan Journal of Law Reform
The Juror Comprehension Project ("the Project") sought to determine whether jurors understand judicial instructions. This Article reports the results of an empirical study growing out of that Project. The Project investigated how well 600 actual jurors in Michigan understood criminal jury instructions in actual trials. Part I describes the history of the study and explains the procedures and materials used in the study. Part II presents the results of the study, first analyzing juror comprehension of selected concepts, then discussing general factors that influence juror comprehension. Part III concludes that the results show a mixed juror understanding of complex judicial …
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
All Faculty Scholarship
Federal Rule of Evidence 803(8)(C), an exception to the rule against admission of hearsay, permits introduction of public records or reports containing the fact findings of the reporter without requiring the reporter to appear at trial. These fact findings can be based upon the reporter's own observations and calculations or information imparted to the reporter from sources having no connection to any public agency whatsoever. Rule 803(8)(C) has also been used as the vehicle for presenting juries with fact findings from hearings conducted by public officials. The rule would seem to allow these fact findings even though the opponent had …
Religious Accommodation And Criminal Liability, Christine A. Clark
Religious Accommodation And Criminal Liability, Christine A. Clark
Florida State University Law Review
Florida's religious accommodation statute leads some parents to believe that they are free to rely on spiritual healing in lieu of medical treatment for their ill children. However, the statute fails to protect these parents in a criminal prosecution arising from their children's deaths. The author of this Article describes the various types of accommodation statutes, analyzes a recent prosecution, and concludes that such prosecutions are unconstitutional. The author also proposes revisions to Florida's law designed to eliminate ambiguities about what protections it provides.
Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer
Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer
Florida State University Law Review
No abstract provided.
Form Or Substance? Definitional Aspects Of Assault Weapon Legislation, Thomas R. Thompson
Form Or Substance? Definitional Aspects Of Assault Weapon Legislation, Thomas R. Thompson
Florida State University Law Review
No abstract provided.
A New Political Truth: Exposure To Sexually Violent Materials Causes Sexual Violence, Anthony D'Amato
A New Political Truth: Exposure To Sexually Violent Materials Causes Sexual Violence, Anthony D'Amato
William & Mary Law Review
No abstract provided.
The Adversarial System At Risk, Bennett L. Gershman
The Adversarial System At Risk, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …
Consent And The Criminal Law, Lucinda Vandervort
Consent And The Criminal Law, Lucinda Vandervort
Osgoode Hall Law Journal
The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of physical integrity can only place socially vulnerable persons at great risk of abuse.
Death By Lottery--Procedural Bar Of Constitutional Claims In Capital Cases Due To Inadequate Representation Of Indigent Defendants, Stephen B. Bright
Death By Lottery--Procedural Bar Of Constitutional Claims In Capital Cases Due To Inadequate Representation Of Indigent Defendants, Stephen B. Bright
West Virginia Law Review
No abstract provided.