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Articles 1 - 27 of 27
Full-Text Articles in Law
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Robert Bloom
No abstract provided.
Drug Testing In Public Schools, Robert Bloom
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
Robert Bloom
No abstract provided.
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Robert Bloom
No abstract provided.
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Robert Bloom
No abstract provided.
Jury Trial In Japan, Robert Bloom
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Alexandra Natapoff
De La Denuncia A La Sanción: Sistema Penal Peruano Y Procesamiento De Delitos Sexuales, Beatriz Ramirez, Clea Guerra
De La Denuncia A La Sanción: Sistema Penal Peruano Y Procesamiento De Delitos Sexuales, Beatriz Ramirez, Clea Guerra
Beatriz Ramirez
Es una publicación que analiza la tramitación de los delitos contra la libertad sexual en el Perú. Analiza la legislación procesal vigente aún en varias regiones del país: el Codigo de Procedimientos Penales. No se considera el proceso que viene siendo implementado con el nuevo Código Procesal Penal del año 2004.
Coming Soon To A Court Near You – Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court’S Sua Sponte Rejection Of Indigent Defendants’ Right To Counsel, Douglas L. Colbert
Coming Soon To A Court Near You – Convicting The Unrepresented At The Bail Stage: An Autopsy Of A State High Court’S Sua Sponte Rejection Of Indigent Defendants’ Right To Counsel, Douglas L. Colbert
Douglas L. Colbert
Recently, the Maryland Court of Appeals became the first state court of last resort to reject Gideon v. Wainwright’s guarantee of counsel at the bail stage. In ruling sua sponte that bail is not a critical stage entitling indigent defendants to invoke their constitutional right to counsel, the Fenner Court held that statements offered by an unrepresented and non-Mirandized indigent defendant were admissible at trial. I contend that the Fenner ruling may transform the pretrial fact-gathering process by providing prosecutors with an additional source of evidence against indigent defendants, namely statements made at a judicial proceeding for the purpose of …
Drug Testing In Public Schools, Robert Bloom
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Robert M. Bloom
No abstract provided.
Derechos De Las Víctimas, Felipe Marín
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Robert M. Bloom
No abstract provided.
Discretion Without Guidance, William W. Berry Iii
Discretion Without Guidance, William W. Berry Iii
William W Berry III
The exercise of the discretion accorded to a judge in determining the sentence of a convicted criminal offender bears directly on the coherence and the legitimacy of any criminal justice system. The United States federal criminal sentencing system has, at various points in time over the past century, employed schemes that have approached either the one extreme of unfettered judicial discretion or the other extreme of highly restricted judicial discretion. In January, 2005, the United States Supreme Court held in United States v. Booker that the mandatory federal sentencing guidelines, the source of the strict restriction on judicial discretion for …
American Procedural Exceptionalism, William W. Berry Iii
American Procedural Exceptionalism, William W. Berry Iii
William W Berry III
This article offers a new theory to explain the persistence of the death penalty in the United States at a time when most western nations have abolished it. Contrary to cultural explanations that have been advanced by other scholars, this piece hypothesizes that the retention is best explained by "American procedural exceptionalism," defined as the unique American belief in the efficacy and fairness of its legal process. This American exceptionalism of process validates the expression of the impulse toward retribution commonly found in western nations. In other words, the perceived fairness of the process affirms the retributive notion that the …
Progress In International Law - An Explanation Of The Project, Russell Miller
Progress In International Law - An Explanation Of The Project, Russell Miller
Russell A. Miller
No abstract provided.
Hamdan V. Rumsfeld, Russell Miller
Comparative Law And Germany's Militant Democracy, Russell Miller
Comparative Law And Germany's Militant Democracy, Russell Miller
Russell A. Miller
No abstract provided.
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Robert M. Bloom
No abstract provided.
Introduction: U.S. National Security, Intelligence And Democracy: From The Church Committee To The War On Terror, Russell Miller
Introduction: U.S. National Security, Intelligence And Democracy: From The Church Committee To The War On Terror, Russell Miller
Russell A. Miller
No abstract provided.
Paradoxes Of Personality: Transnational Corporations, Non-Governmental Organizations And Human Rights In International Law, Russell Miller
Paradoxes Of Personality: Transnational Corporations, Non-Governmental Organizations And Human Rights In International Law, Russell Miller
Russell A. Miller
No abstract provided.
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
Robert M. Bloom
No abstract provided.
Drugs And Justice, Erik Luna, Margaret Battin
Jury Trial In Japan, Robert Bloom
Progressive Era, Richard Adelstein
Progressive Era, Richard Adelstein
Richard Adelstein
A short interpretive summary of the period 1890 - 1914.
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas Kahn-Fogel
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas Kahn-Fogel
Nicholas Kahn-Fogel
This article is a comparative analysis of U.S. and Zambian eyewitness law. I analyze the two countries' approaches to eyewitness law in the context of the longstanding debate on whether rules or standards best effectuate underlying social values. With regard to the United States, I conclude that either a rule or a standard for admission of eyewitness evidence could provide effective protection of defendants' due process rights while also promoting the societal interest in admitting reliable proof of guilt. I then conduct the first comprehensive analysis of Zambian eyewitness cases and conclude that Zambian eyewitness law is, in some ways, …
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
‘Move On’ Orders As Fourth Amendment Seizures, Stephen E. Henderson
Stephen E Henderson
If a police officer orders one to move on, must the recipient comply? This article analyzes whether there is a federal constitutional right to remain, and in particular whether a police command to move on constitutes a seizure of the person for purposes of the Fourth Amendment. Although it is a close question, I conclude that the Fourth Amendment typically does not restrict a move on (MO) order, and that substantive due process only prohibits the most egregious such orders. It is a question of broad significance given the many legitimate reasons police might order persons to move on, as …