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Full-Text Articles in Law
Resistance To Equality, Elizabeth M. Schneider
Resistance To Equality, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Who Should Regulate The Ethics Of Federal Prosecutors?, Rory K. Little
Who Should Regulate The Ethics Of Federal Prosecutors?, Rory K. Little
Faculty Scholarship
No abstract provided.
The Intertwined Problems Of Immigration And Sentencing, Aaron J. Rappaport, Nora Demleitner, Daniel J. Freed
The Intertwined Problems Of Immigration And Sentencing, Aaron J. Rappaport, Nora Demleitner, Daniel J. Freed
Faculty Scholarship
No abstract provided.
The Myth Of Morality And Fault In Criminal Law Doctrine, John L. Diamond
The Myth Of Morality And Fault In Criminal Law Doctrine, John L. Diamond
Faculty Scholarship
No abstract provided.
Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager
Faculty Scholarship
Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …
Dire Wolf Collects His Due While The Boys Sit By The Fire: Why Michigan Cannot Afford To Buy Into The Death Penalty, Justin P. Brooks, Jeanne Huey Erickson
Dire Wolf Collects His Due While The Boys Sit By The Fire: Why Michigan Cannot Afford To Buy Into The Death Penalty, Justin P. Brooks, Jeanne Huey Erickson
Faculty Scholarship
No abstract provided.
Introduction: The Promise Of The Violence Against Women Act Of 1994, Elizabeth M. Schneider
Introduction: The Promise Of The Violence Against Women Act Of 1994, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim
Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim
Faculty Scholarship
Since 1970, legislatures have increasingly relied on preventive detention – detention before trial ordered solely to prevent an accused from committing crime during the pretrial period – as an instrument of social control. Prior to this period, detention before trial was usually ordered only to assure an accused's presence at trial or to ensure the integrity of the trial process by preventing an accused from tampering with witnesses. Today, the majority of states and the federal system have changed their laws to allow judges to detain arrestees who pose a risk to society if released during the pretrial period. Half …
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Faculty Scholarship
Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.
Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …