Law Commons^™

Shame And Scandal: Clinical And Canon Law Perspectives On The Crisis In The Priesthood, Frank R. Herrmann, Gerald E. Kochansky

Frank R. Herrmann, S.J.

No abstract provided.

Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.

"Smoke Gets In Your Mind": The Legal Framework For The Crime Of Arson, John L. Anderson

John L Anderson

No abstract provided.

'Soft Words Of Hope:' Giglio, Accomplice Witnesses, And The Problem Of Implied Inducements, R. Michael Cassidy

R. Michael Cassidy

Many scholars have criticized the government's practice of rewarding accomplices with leniency in exchange for their cooperation in criminal cases, because such practice provides the accomplice with a tremendous inducement to fabricate in order to curry favor with the government. To date, however, no commentators have approached the complex problem of accomplice fabrication from the perspective of criminal discovery. In the enclosed article, the author takes a fresh look at the subject of accomplice testimony, and argues that what are needed are not further restrictions on the circumstances in which an accomplice may testify, but rather a more vigorous enforcement …

The Uses Of History In Crawford V. Washington, Frank Herrmann

Frank R. Herrmann, S.J.

To a striking degree, both the majority and concurring opinions in Crawford v. Washington are replete with references to Anglo-American historical materials, used to support differing conclusions about the application of the Confrontation Clause to testimonial hearsay. This essay sets out Justice Scalia's and Chief Justice Rehnquist's historical arguments and then employs the standards of legal historians to evaluate whether the two opinions use history in a valid manner. The essay concludes that the "history" in Crawford is not that of an historian, but is a "usable past," as conceived by Cass Sunstein and Stephen Griffin.

Dining While Black: Tipping As Social Artifact, Danielle Dirks, S.K. Rice

Danielle Dirks

No abstract provided.

Overextending The Criminal Law And Misguided Guidelines, Erik Luna

Erik Luna

No abstract provided.

Can Criminal Punishment Survive Christian Scrutiny? A Comment On Jeffrie Murphy's 'Christianity And Criminal Punishment', Sharon Beckman

Sharon Beckman

No abstract provided.

Trust And Betrayal, The Exercise Of Authority And Leadership In An Insecure World, Evangeline Sarda

Evangeline Sarda

No abstract provided.

Get The Facts, Jack! Empirical Research And The Changing Constitutional Landscape Of Consent Searches, Steven L. Chanenson

Steven L. Chanenson

No abstract provided.

A “Special Need” For Change: Fourth Amendment Problems And Solutions Regarding Dna Databanking, Brendan Burke

Brendan Burke

Every state and the federal government have laws mandating DNA sampling from certain criminal offenders. Convicts’ DNA information is then stored in state and nationwide databanks for use in investigating crimes that the convicts might commit in the future. Law enforcement professionals applaud this system; civil libertarians abhor it. Because this is essentially a seizure of blood without probable cause, mandatory DNA sampling has been subject to close Fourth Amendment scrutiny. Courts have traditionally upheld mandatory DNA sampling statutes under the special-needs exception to the Fourth Amendment’s probable cause requirement, a doctrine that allows for administrative or regulatory searches if …

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins

Ira P. Robbins