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Articles 10381 - 10410 of 12092

Full-Text Articles in Law

The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco Jan 1982

The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco

University of Richmond Law Review

The Supreme Court recently held in Chandler v. Florida, that absent a showing of actual prejudice, it is not per se unconstitutional to televise trials over the objection of the defendant. This decision has a direct bearing on state court procedures, as over one-half of the states currently permit television coverage of trials in one form or another. However, sheer numbers supporting a proposition do not make that proposition "right", nor does a Supreme Court decision upholding its constitutionality imply an unqualified stamp of approval. In fact, previous Supreme Court decisions have overturned convictions because the defendant's right to a …


Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing Jan 1982

Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing

Articles

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …


Figuring Good-Time -- The Postconviction Process, Edward D. Barnes, Guy A. Sibilla Jan 1982

Figuring Good-Time -- The Postconviction Process, Edward D. Barnes, Guy A. Sibilla

University of Richmond Law Review

On July 1, 1981, a new statutory scheme for the administration of parole release became effective in Virginia. Although these new statutes which deal with the system of awarding credits for good conduct are not novel, only two other states, Arkansas and Texas, are reported to have implemented such a scheme. The following article addresses, in a general sense, the parole eligibility and release process in Virginia. This may provide some guidance for practicing attorneys and aid them in representing their clients' interests before the Virginia Parole Board. Additionally, the article reviews the newly introduced good conduct allowance system and …


"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne Jan 1982

"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne

University of Richmond Law Review

The release from confinement of persons acquitted by reason of insanity is one of the most perplexing problems of the criminal law. The insanity acquittee's release confronts our deepest fears, and the procedures which society employes in this process force us to face the difficult and often intractable issue of the responsibility of the criminally insane.


Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox Jan 1982

Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox

Cardozo Law Review

No abstract provided.


The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman Jan 1982

The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman

Articles

In 1979, the M/V Ryuyo Maru No. 2, a Japanese fishing vessel, went aground off the coast of Alaska. During the course ofthe United States Coast Guard's investigation into the cause of themarine casualty, the captain of the vessel and several seamen attempted to avoid giving testimony at the Coast Guard inquest onthe ground that their testimony would tend to incriminate the munder the law of Japan. The ensuing litigation' over the extent towhich the fifth amendment protects witnesses from compulsory self-incrimination where the sole threat of criminal prosecution is by a foreign government contributes to a recent line of …


Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii Jan 1982

Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii

University of Richmond Law Review

Writing in Bridges v. California, Justice Hugo Black observed forty years ago that "free speech and fair trials are two of the most cherished policies of our civilization, and it would be a trying task to choose between them." And yet, these constitutionally guaranteed rights have been in conflict since at least 1807.


The Iranian Litigation: Implications For American Business Interests, Charles G. Labella Jan 1982

The Iranian Litigation: Implications For American Business Interests, Charles G. Labella

Cardozo Law Review

No abstract provided.


Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter Jan 1982

Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution


Legal Aspects Of Prison Riots, Ira Robbins Jan 1982

Legal Aspects Of Prison Riots, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement." When such a bomb detonates and a prison riot erupts, …


The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate Jan 1982

The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow Jan 1982

Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow

University of Richmond Law Review

The prison population in the United States is experiencing a period of tremendous growth. Due to the inability of prison construction to keep pace with this growth, prison facilities throughout the country have become severely overcrowded. "The typical prison of the last third of the twentieth century has changed relatively little from the institutions of 150 years earlier." Inmates, forced to live under these conditions, have flocked to the courts seeking relief. Yet, until its 1981 decision in Rhodes v. Chapman, the United States Supreme Court had never reviewed a case in which particular prison conditions were challenged as constituting …


The Destruction Of Subpoenaed Corporate Records, Michael D. Risley Jan 1982

The Destruction Of Subpoenaed Corporate Records, Michael D. Risley

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Criminal Procedure, William H. Fortune Jan 1982

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.


Expansion Of Arrest Power: A Key To Effective Intervention, Lisa G. Lerman Jan 1982

Expansion Of Arrest Power: A Key To Effective Intervention, Lisa G. Lerman

Scholarly Articles

No abstract provided.


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.


"Some Kind Of Hearing" In England, Charles H. Koch Jr. Dec 1981

"Some Kind Of Hearing" In England, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.


Eddings V. Oklahoma, Lewis F. Powell Jr. Oct 1981

Eddings V. Oklahoma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Harlow V. Fitzgerald, Lewis F. Powell Jr. Oct 1981

Harlow V. Fitzgerald, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon Jul 1981

Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon

Law Faculty Publications

No abstract provided.


Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase Jul 1981

Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase

Mercer Law Review

In Payton v. United States, the Fifth Circuit Court of Appeals held that the United States was liable under the Federal Tort Claims Act, for the parole of a federal prisoner who, following release, murdered plaintiff's wife. The court concluded that such parole decisionmaking did not come within the discretionary function exemption of the Federal Tort Claims Act (FTCA).


United States V. Di Francesco: Court Upholds State Initiated Sentence Appeals, Thomas Michael Hackel Jul 1981

United States V. Di Francesco: Court Upholds State Initiated Sentence Appeals, Thomas Michael Hackel

Mercer Law Review

In United States v. Di Francesco, the Supreme Court upheld a statute that allowed the government to seek, through an appeal, an increase of the sentence imposed by the trial court. The Court found that the statute did not violate the protections of the double jeopardy clause against multiple trials and multiple punishment. The question of state initiated appeals assumes further significance when it is considered that proposed revisions of the Federal Criminal Code include wider implementation of sentence appeals by the state.


United States V. Williams: The Good Faith Exception To The Exclusionary Rule, Patricia Walker Bass Jul 1981

United States V. Williams: The Good Faith Exception To The Exclusionary Rule, Patricia Walker Bass

Mercer Law Review

In an opinion with two alternative holdings, the Fifth Circuit Court of Appeals decided en banc United States v. Williams on July 31, 1980. The court first held that, because Ms. Williams' arrest was legal, the incriminating evidence found as a result of the search incident to arrest could be used against her at trial. Alternatively, the court ruled that evidence should not be excluded when it is discovered by officers acting in good faith despite the fact that they are mistaken in thinking that their actions are lawful. This note focuses on the second holding that purports to establish …


Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc. Jun 1981

Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc.

Washington and Lee Law Review

No abstract provided.


A Right To Every Woman's Evidence, Richard O. Lempert May 1981

A Right To Every Woman's Evidence, Richard O. Lempert

Articles

I am indeed honored to be here with you today, honored to be joining you next year as Iowa's first Mason Ladd Visiting Distinguished Professor of Law, and honored to be giving the first Mason Ladd Lecture. The honor lies not just in the recognition you accord me, but also in the linkage to the man in whose name this recognition is given.


Discretion Of A Trial Judge In Trial To Exclude Otherwise Admissible Evidence, Clayton Hutchins May 1981

Discretion Of A Trial Judge In Trial To Exclude Otherwise Admissible Evidence, Clayton Hutchins

Dalhousie Law Journal

The divers, and diverse, opinions of the English judiciary over the last quarter of a century as to the existence and scope of the discretion of a trial judge in a criminal trial to exclude evidence had created a state of uncertainty in this area of evidentiary law. That uncertainty has been largely dispelled by the recent decision of the House of Lords in R. v. Sang. The facts are these. Sang was charged with conspiracy to utter counterfeit American banknotes. On his arraignment he pleaded not guilty to the charge. Then, in the absence of the jury, his counsel …


Griffin V. California: Still Viable After All These Years, Craig M. Bradley May 1981

Griffin V. California: Still Viable After All These Years, Craig M. Bradley

Michigan Law Review

In a recent article in the Michigan Law Review, Donald Ayer levels a series of attacks on the Griffin decision. Specifically, he maintains that the decision is at once too broad, because it requires "almost automatic reversal where there are any remarks explicitly focused on the defendant's silence and the inference of guilt to be drawn from it" regardless of the strength of the prosecution's case, and too narrow, because it fails to prevent the natural prejudice against the nontestifying defendant that may arise in the minds of the jurors without any encouragement from prosecutor or judge. Ayer also …


Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds Apr 1981

Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure - The Automatic Standing Rule In Possession Cases Is Overruled, Timothy D. Brewer Apr 1981

Criminal Procedure - The Automatic Standing Rule In Possession Cases Is Overruled, Timothy D. Brewer

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure - Voir Dire - Prosecutors Must Now Show That A Juror Is Irrevocably Committed To Voting Against The Maximum Penalty Before Striking For Cause, Marcella Taylor Apr 1981

Criminal Procedure - Voir Dire - Prosecutors Must Now Show That A Juror Is Irrevocably Committed To Voting Against The Maximum Penalty Before Striking For Cause, Marcella Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.