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Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala Aug 2023

Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala

Popular Media

This article analyses the introduction of three new Bills to replace the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the updated Criminal Procedure Code of 1973—the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita, respectively—in light of Indian and global discourse on decoloniality.

Excerpt:

"The proposed exercise of indigenising laws – insincere at best and dangerous at worst – would only bring about a surface-level change of the imaginary through a spectacular show of rejecting the colonial inheritance while harbouring no aspirations for freedom at the structural and systemic level of the symbolic order …


Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin Jun 2023

Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin

Popular Media

No abstract provided.


Q&A: W&M Law Professor Jeffrey Bellin On 'Mass Incarceration Nation', W&M Law School Staff, Jeffrey Bellin Apr 2023

Q&A: W&M Law Professor Jeffrey Bellin On 'Mass Incarceration Nation', W&M Law School Staff, Jeffrey Bellin

Popular Media

No abstract provided.


What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da, Jeffrey Bellin Apr 2023

What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da, Jeffrey Bellin

Popular Media

No abstract provided.


Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand, Jeffrey Bellin Mar 2023

Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand, Jeffrey Bellin

Popular Media

No abstract provided.


Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin Mar 2023

Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin

Popular Media

No abstract provided.


The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors (Book Review), Jeffrey Bellin Sep 2022

The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors (Book Review), Jeffrey Bellin

Popular Media

No abstract provided.


Problematic Ai — When Should We Use It?, Fredric Lederer May 2022

Problematic Ai — When Should We Use It?, Fredric Lederer

Popular Media

No abstract provided.


Prescribing Opioids Without Fear Of Prosecution, Adam M. Gershowitz Feb 2022

Prescribing Opioids Without Fear Of Prosecution, Adam M. Gershowitz

Popular Media

No abstract provided.


Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin Mar 2021

Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin

Popular Media

No abstract provided.


Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin Oct 2020

Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin

Popular Media

No abstract provided.


Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin Oct 2020

Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin

Popular Media

The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.


How Do We Know If Prosecutors Are Doing A Good Job?, Jeffrey Bellin Mar 2019

How Do We Know If Prosecutors Are Doing A Good Job?, Jeffrey Bellin

Popular Media

No abstract provided.


A First Step Towards Sentencing Reform, Jeffrey Bellin Aug 2018

A First Step Towards Sentencing Reform, Jeffrey Bellin

Popular Media

No abstract provided.


It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin Dec 2017

It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin

Popular Media

No abstract provided.


Blog Post: Supreme Court Supports Immigrant’S Right To Understand Consequences Of Conviction, Jenny Roberts Jun 2017

Blog Post: Supreme Court Supports Immigrant’S Right To Understand Consequences Of Conviction, Jenny Roberts

Popular Media

The author of the following post about the Supreme Court’s decision in Jae Lee v. United States drafted an amicus brief in the case for several national immigrant rights organizations.

In 2010, Padilla v. Kentucky established that criminal defense lawyers must advise clients about the deportation consequences of a conviction, as part of their duties under the Sixth Amendment right to the effective assistance of counsel. Jose Padilla won in the Supreme Court because his trial lawyer erroneously informed him that he would not be deported after pleading guilty to drug trafficking because he had been in the U.S. for …


The Supreme Court Didn't Fix Racist Jury Selection, Kami Chavis May 2016

The Supreme Court Didn't Fix Racist Jury Selection, Kami Chavis

Popular Media

No abstract provided.


How America Tolerates Racism In Jury Selection, Larry D. Thompson Oct 2015

How America Tolerates Racism In Jury Selection, Larry D. Thompson

Popular Media

This Op-ed by Professor Larry Thompson appeared in the New York Times on October 30, 2015. Professor Thompson discusses the case, Foster v. Chatman, which will be heard by the Supreme Court on November 2, 2015. In this case, the Court will decide whether the exclusion of jurors intended to unconstitutionally influence the jury’s racial make-up in a capital murder case in Georgia.


What We Should Learn From Garner And Ferguson Cases, Jeffrey Bellin Dec 2014

What We Should Learn From Garner And Ferguson Cases, Jeffrey Bellin

Popular Media

No abstract provided.


Particularism, Telishment, And Three Strikes Laws, Michael S. Green Jun 2011

Particularism, Telishment, And Three Strikes Laws, Michael S. Green

Popular Media

No abstract provided.


Judge's Ill-Timed Ruling Invites Irrationality In Public's Views About Capital Punishment, Adam M. Gershowitz Mar 2010

Judge's Ill-Timed Ruling Invites Irrationality In Public's Views About Capital Punishment, Adam M. Gershowitz

Popular Media

No abstract provided.


Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl Feb 2010

Deciding When To Decide - Appellate Procedure And Legal Change, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


The Fourth Frontier: With No Clear Path Prepared, Court Takes On Two More Police Powers Cases, Kathryn R. Urbonya Sep 2001

The Fourth Frontier: With No Clear Path Prepared, Court Takes On Two More Police Powers Cases, Kathryn R. Urbonya

Popular Media

No abstract provided.


Curbside Justice: Court Gives Police The Green Light To Arrest For Minor Infractions, Kathryn R. Urbonya Jun 2001

Curbside Justice: Court Gives Police The Green Light To Arrest For Minor Infractions, Kathryn R. Urbonya

Popular Media

No abstract provided.


Defending Conspiracy Cases: Mission Impossible?, Paul Marcus Oct 1980

Defending Conspiracy Cases: Mission Impossible?, Paul Marcus

Popular Media

Defending conspiracy cases has never been an easy task. There were days in which joint trials of 20, 30, 40, or even 50 defendants were not uncommon, creating insuperable problems for defense lawyers. Even though large joint-defendant trials are not as common today, several problems remain, particularly in light of the frequent use of the conspiracy charge at the federal level. In this article I will discuss some of the recent issues which create special difficulties for criminal defense lawyers. With regard to these issues, there is, as some would say, good news and bad news.