Law Commons^™

The Fourth Amendment Today: A Bicentennial Appraisal, Wayne R. Lafave

Villanova Law Review (1956 - )

No abstract provided.

It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni

Faculty Works

No abstract provided.

Maintaining System Integrity In Capital Cases: The Use Of Court-Appointed Counsel To Present Mitigating Evidence When The Defendant Advocates Death, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

The Unmet Challenge Of Criminal Theory, George P. Fletcher

Faculty Scholarship

The last several decades have witnessed an outpouring of serious articles bringing to bear the methods of analytic philosophy to the issues of substantive criminal law. J. L. Austin, a philosopher and not a lawyer, may have been the first to demonstrate the potential of probing legal concepts such as mistake and accident, justification and excuse, for their philosophical potential. H.L.A. Hart carried forward the literature with several path breaking essays on criminal law. It is only in the last few years, however, that we have encountered an explosion of interest in the basic questions of criminal law. As the …

Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal

University of Richmond Law Review

In the landmark case of New Jersey v. T.L.O., the United States Supreme Court applied the fourth amendment to searches conducted by public school officials. This past term, in O'Conner v. Ortega, the Court held that the fourth amendment is also applicable to work-related searches conducted by public employers. As in New Jersey v. T.L.O., the Court rejected the probable cause standard in favor of a "reasonableness under all the circumstances" test to determine the constitutionality of such searches. This general "reasonableness" approach was also approved in Maryland v. Garrison, where the Court held that an "objectively understandable and reasonable" …

Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch

Faculty Scholarship

In the first portion of this study, we saw that the Supreme Court in its 1981 Turkette decision endorsed what was already the consensus view of the courts of appeals that a group of individuals associated in fact to pursue entirely illegitimate purposes could constitute a RICO enterprise. Prosecutions of such associations have quickly become the leading use of the statute. It can be reliably estimated that more than forty percent of the reported appellate cases involving RICO indictments concern prosecutions in which the alleged enterprise was such an illicit association. When the cases are classified by the nature of …

Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson

Law Faculty Publications

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …

Edward L. Barrett, Jr.: The Critic With 'That Quality Of Judiciousness Demanded Of The Court Itself', Yale Kamisar

Articles

Barrett was as talented and as dedicated a law teacher as any of his distinguished (or soon-to-become-distinguished) contemporaries. But Barrett resisted the movement toward new rights in fields where none had existed before. At least, he was quite uneasy about the trend. To be sure, others in law teaching shared Barrett's concern that the clock was spinning too fast. Indeed, some others were quite vociferous about it.' But because his criticism was cerebral rather than emotional - because he fairly stated and fully explored the arguments urging the courts to increase their tempo in developing constitutional rights - Barrett was …

Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross

Articles

It is no news that eyewitness identification in criminal cases is a problem; it is an old and famous problem. Judges and lawyers have long known that the identification of strangers is a chancy matter, and nearly a century of psychological research has confirmed this skeptical view. In 1967 the Supreme Court attempted to mitigate the problem by regulating the use of eyewitness identification evidence in criminal trials; since then it has retreated part way from that effort. Legal scholars have written a small library of books and articles on this problem, the courts' response to it, and various proposed …

Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart

Law Faculty Publications

No abstract provided.

Resisting Unlawful Arrest: A Due Process Perspective, Penn Lerblance

Cleveland State Law Review

To resist arrest is a crime. But is it a crime if the arrest resisted is unlawful? More particularly, is a lawful arrest an issue in a trial for resisting arrest? This inquiry invokes the constitutional due process problem of proof illustrated in Hoover v. Garfield Heights Municipal Court, decided in September 1986 by the United States Court of Appeals for the Sixth Circuit. Section II discusses the Hoover case, and then Section III delves into the issue of a right to resist an unlawful arrest. Section IV explains that an unlawful arrest is authorized when there is a legislative …

Batson V. Kentucky: Curing The Disease But Killing The Patient, William T. Pizzi

Publications

No abstract provided.

Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin

Touro Law Review

No abstract provided.

The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman

Touro Law Review

No abstract provided.

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.

The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss?, Michael L. Perlin

Articles & Chapters

No abstract provided.

The Dual Sovereignty Exception To Double Jeopardy: In The Wake Of Garcia V. San Antonio Metropolitan Transit Authority, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett

Vanderbilt Journal of Transnational Law

This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which …

Proving Entrapment Under The Predisposition Test, Paul Marcus

Faculty Publications

No abstract provided.

Reviewing The Situation: What Is To Be Done With The Foreign Corrupt Practices Act?, Laura E. Longobardi

Vanderbilt Journal of Transnational Law

This Article examines some of the paradoxes that the FCPA creates. Part II sets forth the sequence of events that led to the Act's passage. Part III outlines the Act, describes some of the major criticisms of the FCPA and discusses its proposed amendments. Part IV discusses the review procedures that the DOJ has adopted and assesses the chances for a new review procedure or FCPA guidelines, or both. Part V examines the enforcement actions taken under the FCPA and includes a discussion of the investigative procedures of the DOJ. Finally, part VI of this Article considers the future of …

The Trials Of Israel Lipski, Paul Thomas

Dalhousie Law Journal

On June 28th 1887 in the East End of London a particularly dreadful murder took place. A woman was struck on the head and nitric acid poured down her throat as she lay in bed. Israel Lipski was found under the women's bed with some traces of nitre acid around his mouth but to no great ill effect. Both the victim and Lipski were in a room that had been locked from the inside. The room's two windows were impossible to open. Was Lipski guilty of murdering this women?

Rico: The Crime Of Being A Criminal Parts I And Ii, Gerard E. Lynch

Faculty Scholarship

One of the most controversial statutes in the federal criminal code is that entitled "Racketeer-Influenced and Corrupt Organizations," known familiarly by its acronym, RICO. Passed in 1970 as title IX of the Organized Crime Control Act of 1970, RICO has attracted much attention because of its draconian penalties, including innovative forfeiture provisions; its broad draftsmanship, which has left it open to a wide range of applications, not all of which were foreseen or intended by the Congress that enacted it; and the sometimes dramatic prosecutions that have been brought in its name.

RICO's complexity has attracted several efforts to unscramble …

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.

Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley

University of Richmond Law Review

There is little doubt that a prisoner's most important right is access to the courts. Without access, prisoners have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations. Therefore, the right of access is the foundation upon which other prisoners' rights are built.

Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Michigan Law Review

This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.

The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …

Colorado V. Spring, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Wimberly V. Labor & Industrial Relations Commission Of Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mccleskey V. Kemp, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kelly V. Robinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pennsylvania V. Ritchie, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.