Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (893)
- University of Michigan Law School (808)
- Yeshiva University, Cardozo School of Law (795)
- Washington and Lee University School of Law (645)
- Touro University Jacob D. Fuchsberg Law Center (399)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (373)
- William & Mary Law School (343)
- Loyola University Chicago, School of Law (331)
- Seattle University School of Law (275)
- University of Richmond (275)
- Maurer School of Law: Indiana University (230)
- University of Washington School of Law (229)
- BLR (220)
- Columbia Law School (202)
- University at Buffalo School of Law (201)
- University of Kentucky (192)
- UIC School of Law (187)
- Mercer University School of Law (182)
- West Virginia University (182)
- American University Washington College of Law (179)
- Villanova University Charles Widger School of Law (155)
- Cornell University Law School (144)
- University of Colorado Law School (141)
- Brooklyn Law School (139)
- University of Arkansas Little Rock (130)
- Pepperdine University (127)
- University of Maine School of Law (127)
- University of Georgia School of Law (123)
- University of Miami Law School (114)
- University of Maryland Francis King Carey School of Law (107)
- Keyword
-
- Criminal procedure (688)
- Criminal law (546)
- Criminal Law and Procedure (466)
- Criminal Procedure (391)
- Evidence (351)
-
- Capital punishment (286)
- Police (285)
- Death penalty (275)
- Sentencing (274)
- Fourth Amendment (270)
- Sixth Amendment (270)
- Criminal justice (269)
- Criminal Law (236)
- United States Supreme Court (236)
- Due process (231)
- Constitutional Law (224)
- Supreme Court (207)
- Fifth Amendment (206)
- Right to counsel (167)
- Constitution (154)
- New York (149)
- Jury (136)
- Prosecutors (135)
- Punishment (133)
- Juries (132)
- Testimony (129)
- Privacy (128)
- Constitutional law (125)
- Federal (125)
- Fourth amendment (124)
- Publication Year
- Publication
-
- Faculty Scholarship (760)
- Jurnal Hukum & Pembangunan (735)
- Michigan Law Review (462)
- Articles (383)
- Touro Law Review (350)
-
- Cardozo Law Review (328)
- Nevada Supreme Court Summaries (302)
- Faculty Publications (262)
- Public Interest Law Reporter (259)
- Seattle University Law Review (224)
- Washington and Lee Law Review (218)
- ExpressO (195)
- Buffalo Law Review (189)
- West Virginia Law Review (179)
- University of Richmond Law Review (178)
- Mercer Law Review (173)
- Capital Defense Journal (168)
- Kentucky Law Journal (165)
- Washington Law Review (160)
- UIC Law Review (153)
- Publications (132)
- Scholarly Articles (131)
- Cornell Law Faculty Publications (128)
- Articles by Maurer Faculty (126)
- Maine Law Review (125)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Villanova Law Review (1956 - ) (121)
- Scholarly Works (114)
- Pepperdine Law Review (111)
- All Faculty Scholarship (108)
- Publication Type
- File Type
Articles 1021 - 1050 of 12076
Full-Text Articles in Law
The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness, Maeve Porter
The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness, Maeve Porter
Student Theses
Prior research has established that mental health court programs play an important role in reducing recidivism and mental health symptoms of defendants. However, there is a lack of understanding of the stigma that justice-involved individuals may encounter upon release from mental health court into the community, and the extent to which the general public is aware of mental health court programs. The present study sought to address public perceptions regarding mental health courts, their efficacy, and their participants based on the awareness and availability of these specialized courts in two similar states (New York and New Jersey), one in which …
August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law
August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law
Perlmutter Center Reports
The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.
The Reverse Onus At Bail For Intimate Partner Violence: An Unconstitutional And Ineffective Measure, Ella Peterson
The Reverse Onus At Bail For Intimate Partner Violence: An Unconstitutional And Ineffective Measure, Ella Peterson
Dalhousie Journal of Legal Studies
The recently adopted reverse onus at bail for repeat intimate partner violence is a piece of performative legislation that is ineffectual and may harm those it seeks to protect. Part I of this paper provides an overview of intimate partner violence in Canada in order to contextualize s. 515(6)(b.1) of the Criminal Code. Part II is a Charter assessment of the reverse onus provision at issue, focusing on sections 7 and 11(e). Part III concludes with a critique of the effectiveness of the reverse onus, which fails to address the root causes of intimate partner violence.
Jury Decision Rules In Criminal Trials, Emma Archibald
Jury Decision Rules In Criminal Trials, Emma Archibald
Dalhousie Journal of Legal Studies
Discussions of juries in democratic systems often frame the jury as a symbol of democracy, an essential safeguard for an accused, and a legitimizer of state authority. However, the context in which the jury operates has evolved, and there is a widening gap between our empirical understanding of juries and our commitment to their theoretical value. Piecemeal reforms of the jury have also moved the system away from the historical model, with the consequence of undermining the remaining aspects. This paper argues one such aspect is the decision rule under which a jury renders its verdict. Canada is one of …
Rethinking The Applicability Of Section 8 Of The Canadian Charter For The Information Age And Beyond, François Tanguay-Renaud
Rethinking The Applicability Of Section 8 Of The Canadian Charter For The Information Age And Beyond, François Tanguay-Renaud
All Papers
The Supreme Court of Canada’s interpretation of the right to be secure against unreasonable search and seizure guaranteed by section 8 of the Canadian Charter of Rights and Freedoms has remained fairly stable since the adoption of the Charter. Or at least, that is how the Court’s section 8 jurisprudence to date makes it seem. Yet, in some recent decisions dealing with digital communications and the internet—culminating in the 2024 case of R. v. Bykovets—the Court has, implicitly, brought into question the foundational principle based on which the right has historically been circumscribed. Or so I argue in …
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Seattle University Law Review
In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
Seattle University Law Review
Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
Seattle University Law Review
Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
Seattle University Law Review
This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker
Seattle University Law Review
The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Seattle University Law Review
The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …
Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer
Seattle University Law Review
The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
Seattle University Law Review
The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Seattle University Law Review
The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …
Constitutional Futurism As Pedagogy, Jeremiah Chin
Constitutional Futurism As Pedagogy, Jeremiah Chin
Seattle University Law Review
Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …
Comparing Solutions To Reduce Inaccuracies Within Eyewitness Testimonies, Dequentin Augustine, Dr. Chandra V. Thornton
Comparing Solutions To Reduce Inaccuracies Within Eyewitness Testimonies, Dequentin Augustine, Dr. Chandra V. Thornton
Cleveland State Law Review
Comparing Solutions to Reduce Inaccuracies within Eyewitness Testimonies informs readers about how inconsistencies within eyewitness statements have led to wrongful convictions by examining factors and statistics that lead to highlighting inaccuracies within eyewitness testimonies. We identified three psychological methods that may be beneficial in reducing these inaccuracies: 1. double-blind lineup; 2. cognitive interview; and 3. expert testimony. After examining their strengths, weaknesses, and counterarguments, we agree that these three methods may be beneficial in reducing inaccuracies within eyewitness testimonies by establishing federal recommended guidelines to which states should adhere.
Responding To Police Perjury, David R. Katner
Responding To Police Perjury, David R. Katner
Cleveland State Law Review
The way in which defense lawyers phrase their challenges in criminal proceedings where police witnesses are thought to have committed perjury might place decisionmakers in the awkward position of unintentionally or intentionally coming to the aid of the witnesses who are unable to defend themselves during closing arguments. This article proposes a shift in the paradigm of how defense counsel characterize and handle testimony that seems untruthful, without having to engage in tactics that intend to be disrespectful to all police officers, let alone to the witnesses in the trial. Creating a continuum from absolute truthfulness to absolute untruthfulness and …
Making Criminal Penalties Collar-Blind On The Federal Level, Claire Osborn-Wright
Making Criminal Penalties Collar-Blind On The Federal Level, Claire Osborn-Wright
Cleveland State Law Review
This paper is intended to be the first in a series of papers that addresses whether lower income individuals suffer all of the following at much higher rates than their percentage of the population would suggest should be the case: (1) police stops for questioning; (2) arrests; (3) prosecutions; (4) convictions; and (5) lengthy post-conviction incarcerations. In particular, this first paper addresses the question of whether prison sentences imposed for “blue-collar crimes” are significantly longer than prison sentences imposed for “white-collar crimes.” In general, “blue-collar crimes” refer to crimes that are committed by individuals who possess blue-collar professions and “white-collar …
Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees, Ira P. Robbins
Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees, Ira P. Robbins
Amicus Briefs & Court Filings
INTRODUCTION: The Executive Order at issue in these appeals targets a small and uniquely vulnerable minority of transgender women—those currently housed in federal women’s prisons—by commanding the Federal Bureau of Prisons (BOP) to transfer them immediately to men’s facilities. Amici file in support of Plaintiffs-Appellees (hereinafter “Plaintiffs”), to address two procedural arguments made by Defendants-Appellants (“the government”). First, Congress has not eliminated federal court jurisdiction to decide Plaintiffs’ challenge to the transfer provisions of the Executive Order. Second, the government overreads the Prison Litigation Reform Act (PLRA); Plaintiffs’ lawsuit is not improper or premature under that statute’s exhaustion requirement because …
Price (Anthony) V. The Second Judicial District Court, 141 Nev. Adv. Op. 17 (Apr. 17, 2024), Ayanna Pope
Price (Anthony) V. The Second Judicial District Court, 141 Nev. Adv. Op. 17 (Apr. 17, 2024), Ayanna Pope
Nevada Supreme Court Summaries
DISTRICT COURTS CANNOT FIND A FELONY DEFENDANT COMPETENT TO STAND TRIAL AFTER A PRIOR INCOMPETENCY DETERMINATION WITHOUT INPUT FROM THE ADMINISTRATION OF THE DIVISION OF PUBLIC AND BEHAVIORAL HEALTH.
Benjamin Ferencz In The Cold War, Noah Weisbord
Benjamin Ferencz In The Cold War, Noah Weisbord
Cardozo International & Comparative Law Review
The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan
Cardozo International & Comparative Law Review
The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin
Cardozo International & Comparative Law Review
The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon
Cardozo International & Comparative Law Review
The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.
The Expungement Process: Survey Evidence On Applicant Experiences, Mira Edmonds, J.J. Prescott, Sonja Starr, German Marquez Alcala
The Expungement Process: Survey Evidence On Applicant Experiences, Mira Edmonds, J.J. Prescott, Sonja Starr, German Marquez Alcala
Articles
Tens of millions of Americans with publicly accessible criminal convictions face significant collateral consequences that affect their employment, housing, and family life, which not only harm these individuals but also limit society’s access to their skills, productivity, and participation. In response, policymakers have enlarged the scope and enhanced the accessibility of criminal-record expungement laws. Little is known, however, about how individuals perceive, navigate, and take advantage of these new, broader laws. This Article presents findings from a large-scale survey of 1,439 expungement applicants and recipients in Detroit, conducted in partnership with Project Clean Slate (PCS), a city initiative assisting residents …
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale
Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale
Cardozo International & Comparative Law Review
The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.
Data-Driven Police Profiling, Christopher Slobogin
Data-Driven Police Profiling, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Police departments increasingly rely on algorithms and other data- driven methods of identifying high-crime areas andpeople who are at high risk for involvement in crime. This Article examines several constitutional obstacles to this type ofpolicing. First, to the extent that these algorithms rely on data entitled to privacy protection, they may violate the Fourth Amendment. Second, the steps police take in response to a "hot" place or person designation must also be subject to constitutional regulation. Further, the principle of legality should prohibit the police from acting on any risk designation, even one that is very likely accurate, in the …
Garcia V. State, 141 Nev. Adv. Op. 16 (Apr. 17, 2025), Grace Michaelson
Garcia V. State, 141 Nev. Adv. Op. 16 (Apr. 17, 2025), Grace Michaelson
Nevada Supreme Court Summaries
THE DISTRICT COURT PROPERLY DENIED RELIEF BECAUSE PAROLE ELIGIBILITY FOR JUVENILE NONHOMICIDE OFFENDERS ARISES BY OPERATION OF LAW AND DOES NOT REQUIRE RESENTENCING OR CORRECTION OF A LAWFUL JUDGMENT.