Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (26)
- William & Mary Law School (4)
- American University Washington College of Law (3)
- Georgia State University College of Law (3)
- Florida A&M University College of Law (2)
-
- Boston University School of Law (1)
- Georgetown University Law Center (1)
- Kennesaw State University (1)
- Penn State Dickinson Law (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- University at Buffalo School of Law (1)
- University of Maine School of Law (1)
- Washington University in St. Louis (1)
- West Virginia University (1)
- Publication
-
- Paul Marcus (13)
- Aaron-Andrew P. Bruhl (5)
- Articles in Law Reviews & Other Academic Journals (3)
- Fredric I. Lederer (3)
- Georgia State University Law Review (3)
-
- Adam M. Gershowitz (2)
- Faculty Publications (2)
- Journal Publications (2)
- William & Mary Law Review (2)
- Articles, Book Chapters, & Popular Press (1)
- Cynthia V. Ward (1)
- Dickinson Law Review (2017-Present) (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- James G. Dwyer (1)
- Journal Articles (1)
- Marah McLeod (1)
- Master of Science in Criminal Justice Theses & (Pre-2016) Policy Research Projects (1)
- Scholarship@WashULaw (1)
- West Virginia Law Review (1)
- William & Mary Bill of Rights Journal (1)
- Publication Type
Articles 1 - 30 of 48
Full-Text Articles in Law
Sb 1 - C.J.'S Law, Michael C. Duffey, Stephen Swanson
Sb 1 - C.J.'S Law, Michael C. Duffey, Stephen Swanson
Georgia State University Law Review
The Act primarily functions to increase the penalty for drivers who cause death or serious bodily injury as a result of a vehicular accident and then flee the scene. Also known as C.J.’s Law, the Act establishes a maximum prison sentence of ten years for such a hit-and-run violation. In addition, the Act rewords and clarifies existing statutory language regarding license suspensions subsequent to reckless driving or driving under the influence of alcohol or drugs.
Sb 77 - Protection For Monuments, Evelyn Graham, Timothy J. Graves
Sb 77 - Protection For Monuments, Evelyn Graham, Timothy J. Graves
Georgia State University Law Review
The Act prohibits persons and entities from destroying, concealing, or relocating any publicly or privately owned monument. Monuments may only be relocated when necessary for construction, expansion, or alteration to a site of equal prominence within the same municipality. Violators of this legislation are subject to treble the amount of the cost to repair or replace such monument, exemplary damages, attorney’s fees, court costs, and being charged with a misdemeanor.
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Gary S. Lawson, Steven Calabresi
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Gary S. Lawson, Steven Calabresi
Faculty Scholarship
Since 1999, when the independent counsel provisions of the Ethics in Government Act expired, the Department of Justice (“DOJ”) has had in place regulations providing for the appointment of Special Counsels who possess “the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” Appointments under these regulations, such as the May 17,2017 appointment of Robert S. Mueller to investigate the Trump campaign, are patently unlawful, for three distinct reasons.
First, all federal offices must be “established by Law,” and there is no statute authorizing such an office in the DOJ. We conduct …
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Introductory Remarks: Criminal Law Panel, Cynthia V. Ward
Introductory Remarks: Criminal Law Panel, Cynthia V. Ward
Cynthia V. Ward
No abstract provided.
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Paul Marcus
No abstract provided.
The United States Criminal Justice System: A Brief Overview, Paul Marcus
The United States Criminal Justice System: A Brief Overview, Paul Marcus
Paul Marcus
No abstract provided.
The Miranda Custody Requirement And Juveniles, Paul Marcus
The Miranda Custody Requirement And Juveniles, Paul Marcus
Paul Marcus
Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.
Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Paul Marcus
No abstract provided.
The Entrapment Defense: An Interview, Paul Marcus
The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus
The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus
Paul Marcus
Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.
Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.
The Development Of Entrapment Law, Paul Marcus
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
Paul Marcus
No abstract provided.
Proving Entrapment Under The Predisposition Test, Paul Marcus
Proving Entrapment Under The Predisposition Test, Paul Marcus
Paul Marcus
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Paul Marcus
No abstract provided.
Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus
Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus
Paul Marcus
No abstract provided.
Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus
Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus
Paul Marcus
No abstract provided.
Book Review Of The Model Penal Code And Commentaries, Paul Marcus
Book Review Of The Model Penal Code And Commentaries, Paul Marcus
Paul Marcus
No abstract provided.
Funeral Oration In Honor Of United States V. Burton, Fredric I. Lederer
Funeral Oration In Honor Of United States V. Burton, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz
Prosecutorial Dismissals As Teachable Moments (And Databases) For The Police, Adam M. Gershowitz
Adam M. Gershowitz
The criminal justice process typically begins when the police make a warrantless arrest. Although police usually do a good job of bringing in the “right” cases, they do make mistakes. Officers sometimes arrest suspects even though there is no evidence to prove an essential element of the crime. Police also conduct unlawful searches and interrogations. And officers make arrests in marginal cases—schoolyard fights are a good example—in which prosecutors do not think a criminal conviction is appropriate. Accordingly, prosecutors regularly dismiss cases after police have made warrantless arrests and suspects have sat in jail for days, or even weeks. In …
Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz
Criminal-Justice Apps: A Modest Step Toward Democratizing The Criminal Process, Adam M. Gershowitz
Adam M. Gershowitz
No abstract provided.
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer
James G. Dwyer
No abstract provided.
The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl
The Rule Of Lenity As A Rule Of Federalism, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Waiting For Davis V. United States -- Or Not Waiting, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl
Trivia From The Supreme Court Order List, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Did The Supreme Court Recently Exercise A Power That Had Lain Dormant For Decades?, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Criminal Law’S Folk Psychological Dilemma: Resolving Neuroscientific And Philosophical Challenges To The Voluntary Act Requirement, Branden D. Jung Esq.
Criminal Law’S Folk Psychological Dilemma: Resolving Neuroscientific And Philosophical Challenges To The Voluntary Act Requirement, Branden D. Jung Esq.
West Virginia Law Review
Criminal law has adopted the folk psychological view of human agency. Under this view, voluntary action exists and mental states, such as intentions, goals, and desires, have a causal relationship with bodily movement. However, new advances in neuroscience have begun to challenge this model and have lent empirical support to the idea that mental states may not play a causal role in bodily movement. This has profound implications for the voluntary act element of actus reus because the requirement presupposes the folk psychological view of agency. Nevertheless, criminal law can avoid this dilemma through praxeology, the deductive study of human …
A Humble Justice, Marah S. Mcleod
A Humble Justice, Marah S. Mcleod
Marah McLeod
Media and scholarly critics often claim that Justice Thomas's criminal law opinions reflect intentional cruelty or callousness, and dismiss his opinions without engaging seriously with their substance.
This Essay contends that judicial humility is a far more plausible explanation for Justice Thomas's criminal case decisions. If observers recognize that his approach to the law is guided by humility, rather than his own cruel or callous views, they will be more likely to consider the substance of his opinions and will benefit from wrestling with his challenging jurisprudential and historical perspective - even if they do not agree with the conclusions …