Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (43)
- Maurer School of Law: Indiana University (33)
- American University Washington College of Law (14)
- University of Michigan Law School (11)
- Mitchell Hamline School of Law (8)
-
- University of Richmond (7)
- Seattle University School of Law (6)
- UIC School of Law (6)
- Villanova University Charles Widger School of Law (6)
- Cleveland State University (5)
- Loyola University Chicago, School of Law (5)
- University at Buffalo School of Law (5)
- University of Maryland Francis King Carey School of Law (5)
- Mercer University School of Law (4)
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- Vanderbilt University Law School (4)
- Brigham Young University Law School (3)
- Duke Law (3)
- University of Oklahoma College of Law (3)
- University of San Diego (3)
- Fordham Law School (2)
- Lewis & Clark Law School (2)
- Schulich School of Law, Dalhousie University (2)
- University of Colorado Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Washington and Lee University School of Law (2)
- William & Mary Law School (2)
- Campbell University School of Law (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Keyword
-
- MASSACHUSETTS (11)
- CAPITAL punishment (9)
- Capital Cases (8)
- Capital punishment (8)
- Capital Jury (7)
-
- Capital Punishment (7)
- Death Penalty (7)
- Criminal law (6)
- International Criminal Court (5)
- JURY (5)
- Sentencing (5)
- Standard of review (Law) (5)
- Death Qualification (4)
- Evidence (4)
- International criminal law (4)
- Postconviction remedies (4)
- Scientific Evidence (4)
- Sixth Amendment (4)
- War crimes (4)
- Appellate courts (3)
- Book reviews (3)
- Confrontation Clause (3)
- Constitutional law (3)
- Crimes against humanity (3)
- Criminal justice (3)
- Criminal procedure (3)
- CyberCrime (3)
- DEFENSE (Criminal procedure) (3)
- Eighth Amendment (3)
- Fifth Amendment (3)
- Publication
-
- Journal of Criminal Law and Criminology (43)
- Indiana Law Journal (33)
- William Mitchell Law Review (8)
- Human Rights Brief (6)
- University of Richmond Law Review (6)
-
- Villanova Law Review (1956 - ) (6)
- Public Interest Law Reporter (5)
- Seattle University Law Review (5)
- American University International Law Review (4)
- Mercer Law Review (4)
- Michigan Law Review (4)
- UIC Law Review (4)
- University of Arkansas at Little Rock Law Review (4)
- Vanderbilt Law Review (4)
- BYU Law Review (3)
- Duke Law & Technology Review (3)
- Journal of Law and Health (3)
- Oklahoma Law Review (3)
- San Diego International Law Journal (3)
- University of Maryland Law Journal of Race, Religion, Gender and Class (3)
- University of Michigan Journal of Law Reform (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Animal Law Review (2)
- Buffalo Law Review (2)
- Buffalo Public Interest Law Journal (2)
- Cleveland State Law Review (2)
- Dalhousie Law Journal (2)
- Fordham Urban Law Journal (2)
- Maryland Law Review (2)
- Michigan Journal of International Law (2)
Articles 1 - 30 of 202
Full-Text Articles in Law
Death Penalty Law, Holly Geerdes, Nikki Cox
Death Penalty Law, Holly Geerdes, Nikki Cox
Mercer Law Review
This Article surveys the death penalty decisions of the Georgia Supreme Court from June 1, 2004 through May 31, 2005. The cases discussed include those heard by the supreme court on interim appeal, on direct appeal, and on review of habeas corpus decisions. Focusing on the court's decisions that affect the trial and appeal of death penalty cases, this Article, with some exceptions, does not discuss holdings in capital cases that are common to all criminal appeals.
The Pinkerton Doctrine And Murder, Matthew A. Pauley
The Pinkerton Doctrine And Murder, Matthew A. Pauley
The University of New Hampshire Law Review
[Excerpt] "Suppose that A hires B to rob a bank in Massachusetts and A then hires C to rob a bank in Rhode Island. B and C have not met face to face, but each knows he is part of a conspiracy to rob banks in more than one state. All agree that no one will be killed in the robberies. A then procures D to get a car for use in the robberies. B uses D’s car to rob his bank. During the robbery of C’s bank, C pulls out a gun and shoots and kills the bank guard. …
Criminal Law, Laura D. Hogue, Franklin J. Hogue
Criminal Law, Laura D. Hogue, Franklin J. Hogue
Mercer Law Review
In this survey of Georgia criminal law, we have selected only those cases that we deemed to be of interest to those of us who practice in the area of criminal law. For space reasons, however, we could not include every interesting case, even in footnotes. Other writers of this survey would have selected differently, no doubt. We also were able to omit all death penalty cases and cases involving strictly evidentiary issues, as two other fine articles in this edition of the Mercer Law Review cover those cases.
Cleaning Up The Eighth Amendment Mess, Tom Stacy
Cleaning Up The Eighth Amendment Mess, Tom Stacy
William & Mary Bill of Rights Journal
This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …
The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl
The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl
William & Mary Law Review
No abstract provided.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
This article examines the most significant cases from the Supreme Court of Virginia and the Court of Appeals of Virginia over the past year. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly during the 2005 Session in the field of criminal law and procedure.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell
Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell
BYU Law Review
No abstract provided.
Criminal Law—The Sixth Amendment Right To Counsel—The Supreme Court Minimizes The Right To Effective Assistance Of Counsel By Maximizing The Deference Awarded To Barely Competent Defense Attorneys. Florida V. Nixon, 125 S. Ct. 551 (2004)., Jennifer Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
Buffalo Law Review
Book review of Markus Dirk Dubber's The Police Power: Patriarchy and the Foundations of American Government
The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard
The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard
Dalhousie Law Journal
The tone and thrust of the Ontario Court ofAppeal's decision in R. v. Hamilton will serve to chill efforts by sentencing judges to tailor their responsibilities to accord with the recognized realities of systemic and intersectional inequality in Canadian society The decision presents an unduly conservative response to the judicial function question, and an understandable, if excessively cautious, answer with regard to the application of systemic, intersectional inequality issues in practice. Specifically, the decision underplays the overall remedial goal of section 718 of the Criminal Code by overemphasizing the particularity of Aboriginal peoples, and ignoring the specificity of especially vulnerable …
Uncovering The Presumption Of Factual Innocence In Canadian Law, Mark Herrema
Uncovering The Presumption Of Factual Innocence In Canadian Law, Mark Herrema
Dalhousie Law Journal
The presumption of innocence has long been regarded as a hallmark of our justice system. Rhetoric abounds and finding a more celebrated legal doctrine is difficult. For most in the legalprofession, the presumption of innocence represents the procedural requirement that the Crown prove all elements of an offence. Yet, aside from its procedural and evidentiary protections, does the presumption of innocence offer any protection at the pre-charge phase of the criminal justice process? Specifically, for the majority of Canadians who have never been, or never will be charged with an offence, does the presumption of innocence offer any protection? Regrettably, …
Phase Three Of New York State Domestic Violence Law: The Financial Aftermath, Jennifer Sarkees
Phase Three Of New York State Domestic Violence Law: The Financial Aftermath, Jennifer Sarkees
Buffalo Women's Law Journal
No abstract provided.
An Investigation Of Death Qualification As A Violation Of The Rights Of Jurors, Adam M. Clark
An Investigation Of Death Qualification As A Violation Of The Rights Of Jurors, Adam M. Clark
Buffalo Public Interest Law Journal
No abstract provided.
The "Csi Effect": Better Jurors Through Television And Science?, Michael Mann
The "Csi Effect": Better Jurors Through Television And Science?, Michael Mann
Buffalo Public Interest Law Journal
No abstract provided.
The Best Little Whorehouse Is Not In Texas: How Nevada's Prostitution Laws Serve Public Policy, And How Those Laws May Be Improved, Daria Snadowsky
The Best Little Whorehouse Is Not In Texas: How Nevada's Prostitution Laws Serve Public Policy, And How Those Laws May Be Improved, Daria Snadowsky
Nevada Law Journal
No abstract provided.
When A Victim's A Victim: Making Reference To Victims And Sex-Crime Prosecution, Scott A. Mcdonald
When A Victim's A Victim: Making Reference To Victims And Sex-Crime Prosecution, Scott A. Mcdonald
Nevada Law Journal
No abstract provided.
Race And The Death Penalty After Mccleskey: A Case Study Of Kentucky's Racial Justice Act, Justin R. Arnold
Race And The Death Penalty After Mccleskey: A Case Study Of Kentucky's Racial Justice Act, Justin R. Arnold
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright
Third Party Consent Searches And The Fourth Amendment: Refusal, Consent, And Reasonableness, Elizabeth A. Wright
Washington and Lee Law Review
No abstract provided.
Making Sense Of The Sense Of Justice, Markus Dirk Dubber
Making Sense Of The Sense Of Justice, Markus Dirk Dubber
Buffalo Law Review
No abstract provided.
The Invisible Pillar Of Gideon, Adam M. Gershowitz
The Invisible Pillar Of Gideon, Adam M. Gershowitz
Indiana Law Journal
In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay's requestfor appointed counsel. ' Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …
New Jersey’S Adult Internet Luring Statute: An Appropriate Next Step?, John W. Lomas Jr.
New Jersey’S Adult Internet Luring Statute: An Appropriate Next Step?, John W. Lomas Jr.
Duke Law & Technology Review
New Jersey recently enacted legislation prohibiting the use of the Internet to lure or entice someone to a location with the purpose of committing a crime with or against that person or some other person. Most states have similar laws pertaining to pedophiles, but this is the first adult Internet luring statute. State measures to regulate the Internet, even in the context of criminal justice, will likely face constitutional challenge since the Internet has become such a critical vehicle for both protected speech and interstate commerce. Furthermore, while the use of the Internet in the commission of crimes against other …
The Market For Criminal Justice: Federalism, Crime Control, And Jurisdictional Competition, Doron Teichman
The Market For Criminal Justice: Federalism, Crime Control, And Jurisdictional Competition, Doron Teichman
Michigan Law Review
Part I introduces the concepts of jurisdictional competition and crime displacement and argues that, as a positive matter, a decentralized criminal justice system may create a competitive process among the different units composing it, in which each such unit attempts to divert crime to neighboring communities. Part II then turns to evaluate the normative aspects of jurisdictional competition in the area of criminal justice. In this context I will show that competition can have both advantages and disadvantages. On one hand, the forces of competition might drive jurisdictions to fight crime efficiently, since any jurisdiction that functions inefficiently will suffer …
David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe
David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe
Human Rights & Human Welfare
A review of:
The United States and the Rule of Law in International Affairs by John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp.
Apprendi's Limits, R. Craig Green
Apprendi's Limits, R. Craig Green
University of Richmond Law Review
No abstract provided.
United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu
United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu
University of Richmond Law Review
No abstract provided.
How Panels Affect Judges: Evidence From United States District Courts, Ahmed E. Taha
How Panels Affect Judges: Evidence From United States District Courts, Ahmed E. Taha
University of Richmond Law Review
Recent research has shown that judges on panels decide cases differently than they do individually. Understanding these panel effects is essential to understanding and predicting judicial behavior. This Article uses a unique naturalexperiment, and interviewsof United States district court judges who participatedin this ex-periment, to empirically investigate panel effects. Specifically, in fourteen district courts the judges chose to sit in an en banc panelto decide the constitutionalityof the FederalSentencing Guide- lines; in fifty-three other districts, the judges decided the issue in- dividually instead. This Article compares the decisions and the characteristicsof these districts to study how panels affect judicialdecision making …
From No Means No To Only Yes Means Yes: The Rational Results Of An Affirmative Consent Standard In Rape Law, Nicholas J. Little
From No Means No To Only Yes Means Yes: The Rational Results Of An Affirmative Consent Standard In Rape Law, Nicholas J. Little
Vanderbilt Law Review
2003 saw the arrest of the star basketball player Kobe Bryant on charges of forcing a woman to have sex with him, charges that were dropped in 2004. This arrest is perhaps the most prominent in what has become a sordid procession of public shame: the charging of professional athletes with crimes of sexual assault. As is common in rape charges, neither party denies that the sex took place. Instead the argument is based on whether the woman consented to it. In the apology Bryant issued that led to the dismissal of the charges, he admits that "[a]lthough I truly …
Tribunals Organized To Convict: Searching For A Lesser Evil In The Capital Juror Death-Qualification Process In United States V. Green, Richard Salgado
Tribunals Organized To Convict: Searching For A Lesser Evil In The Capital Juror Death-Qualification Process In United States V. Green, Richard Salgado
BYU Law Review
No abstract provided.
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
San Diego International Law Journal
This Article argues that given the unique and significant contribution of journalists to uncovering and documenting war crimes, the ICC should amend its evidentiary rules to recognize a qualified journalist's privilege. In doing so, the ICC should clearly identify who may benefit from such a privilege, clarify a procedure for balancing the need of reportorial testimony against prosecution and defense interests, and, lastly provide for mandatory consultations between the court and affected news organizations or journalists before allowing the issuance of a subpoena. Such clarity will benefit not only journalists working in war zones and the ICC, but will provide …