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Articles 1 - 15 of 15

Full-Text Articles in Law

A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones Dec 2013

A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones

West Virginia Law Review

No abstract provided.


The Wrong Kind Of Innocence: Why United States V. Begay Warrants The Extension Of "Actual Innocence" To Exclude Erroneous, Non-Capital Sentences, Greg Siepel Dec 2013

The Wrong Kind Of Innocence: Why United States V. Begay Warrants The Extension Of "Actual Innocence" To Exclude Erroneous, Non-Capital Sentences, Greg Siepel

West Virginia Law Review

No abstract provided.


The Right Of The Prosecutor To Advance Notice Of The Defendant's Alibi Defense , Thomas J. Hickey May 2013

The Right Of The Prosecutor To Advance Notice Of The Defendant's Alibi Defense , Thomas J. Hickey

Pepperdine Law Review

No abstract provided.


The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek May 2013

The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek

Pepperdine Law Review

No abstract provided.


Murguia V. Municipal Court - The Defense Of Discriminatory Prosecution, Jeffrey L. Garland May 2013

Murguia V. Municipal Court - The Defense Of Discriminatory Prosecution, Jeffrey L. Garland

Pepperdine Law Review

No abstract provided.


The Pre-Arraignment Lineup: Necessity Of A Magistrate, Harry M. Caldwell, Douglas S. Smith May 2013

The Pre-Arraignment Lineup: Necessity Of A Magistrate, Harry M. Caldwell, Douglas S. Smith

Pepperdine Law Review

No abstract provided.


Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson May 2013

Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson

Pepperdine Law Review

No abstract provided.


Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm May 2013

Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm

Pepperdine Law Review

No abstract provided.


Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin May 2013

Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin

Pepperdine Law Review

No abstract provided.


Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale Feb 2013

Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale

Pepperdine Law Review

No abstract provided.


An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein Feb 2013

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman Feb 2013

Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Unrepresented And Untimely: The Pcra's Disservice To Indigent Prisoners, Nathan Margioni Jan 2013

Unrepresented And Untimely: The Pcra's Disservice To Indigent Prisoners, Nathan Margioni

Utah OnLaw: The Utah Law Review Online Supplement

The Post-Conviction Remedies Act’s fundamental flaw is its effect on the availability of relief to indigent prisoners. A post-conviction review is often a prisoner’s only opportunity to challenge the failure of appellate counsel to provide effective assistance. Because the legislature has eliminated the common law writ of habeas corpus as a method to challenge a conviction or sentence, the PCRA is the only available avenue for a post-conviction review. The indigent defendant, however, is particularly vulnerable to the PCRA’s restrictions, due to his or her reliance on appointed rather than private counsel during the appeals phase, and lack of resources …


Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky Jan 2013

Why Strickland Is The Wrong Test For Violations Of The Right To Testify, Daniel J. Capra, Joseph Tartakovsky

Washington and Lee Law Review

A criminal accused has a constitutional right to testify in his own defense. The right has an undisputed place alongside the most important “personal” rights, like the right to remain silent or the right to represent oneself. But in the 1990s, courts began to apply the ineffective-assistance test of Strickland v. Washington to evaluate claims by a defendant that his right to testify was abridged. In practice this nullifies the right. Moreover, the Strickland test is inapposite because it focuses on counsel and not the defendant’s right to testify. This Article proposes a new test to better secure and enforce …


Reality Check: Detention In The War On Terror, Monica Eppinger Jan 2013

Reality Check: Detention In The War On Terror, Monica Eppinger

Catholic University Law Review

No abstract provided.