Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Georgia School of Law (13)
- University of Michigan Law School (6)
- Touro University Jacob D. Fuchsberg Law Center (5)
- Brigham Young University Law School (3)
- University of the Pacific (3)
-
- Loyola University Chicago, School of Law (2)
- Maurer School of Law: Indiana University (2)
- The Catholic University of America, Columbus School of Law (2)
- William & Mary Law School (2)
- American University Washington College of Law (1)
- Georgia State University College of Law (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of California, Irvine School of Law (1)
- University of Oklahoma College of Law (1)
- University of Washington School of Law (1)
- University of the District of Columbia School of Law (1)
- West Virginia University (1)
- Keyword
-
- AEDPA (3)
- Antiterrorism and Effective Death Penalty Act (3)
- Eighth Amendment (3)
- Police (3)
- Prisons (3)
-
- Probable cause (3)
- Punishment (3)
- Search and seizure (3)
- Sentencing (3)
- United States Constitution (3)
- 2006 (2)
- Constitution (2)
- Criminal Law (2)
- Criminal possession (2)
- Death penalty (2)
- Extradition (2)
- Fourth Amendment (2)
- Fourth amendment (2)
- Habeas corpus (2)
- Harmless error (2)
- Juveniles (2)
- Law reform (2)
- Mexico (2)
- Police misconduct (2)
- Prisoner Rights (2)
- Prisoners (2)
- Saudi Arabia (2)
- Search & seizure (2)
- Section 1983 (2)
- Supreme Court (2)
- Publication
-
- Georgia Journal of International & Comparative Law (13)
- Touro Law Review (5)
- McGeorge Law Review (3)
- University of Michigan Journal of Law Reform (3)
- BYU Law Review (2)
-
- Catholic University Law Review (2)
- Indiana Law Journal (2)
- Michigan Journal of Race and Law (2)
- Brigham Young University Journal of Public Law (1)
- Buffalo Law Review (1)
- Children's Legal Rights Journal (1)
- Criminal Law Practitioner (1)
- Georgia State University Law Review (1)
- Loyola University Chicago Law Journal (1)
- Michigan Law Review First Impressions (1)
- Oklahoma Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Seattle University Law Review (1)
- UC Irvine Law Review (1)
- UIC Law Review (1)
- University of the District of Columbia Law Review (1)
- Washington Law Review (1)
- West Virginia Law Review (1)
- William & Mary Bill of Rights Journal (1)
- William & Mary Law Review (1)
Articles 1 - 30 of 49
Full-Text Articles in Law
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
Apellate Division, Third Department, People V. Kelley, Elyssa Lane
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, People V. Johnson, Denise Shanley
Court Of Appeals Of New York, People V. Johnson, Denise Shanley
Touro Law Review
No abstract provided.
Everyone Forgets About The Third Amendment: Exploring The Implications On Third Amendment Case Law Of Extending Its Prohibitions To Include Actions By State Police Officers, Samantha A. Lovin
William & Mary Bill of Rights Journal
No abstract provided.
Extradition Treaties - International Law - The United States Supreme Court Approves Extraterritorial Abduction Of Foreign Criminals - United States V. Alvarez-Machain, 112 S. Ct. 2188 (1992), Michael R. Wing
Georgia Journal of International & Comparative Law
No abstract provided.
The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh
Georgia Journal of International & Comparative Law
No abstract provided.
Police, State Security Forces And Constitutionalism Of Human Rights In Zambia, Charles Mwalimu
Police, State Security Forces And Constitutionalism Of Human Rights In Zambia, Charles Mwalimu
Georgia Journal of International & Comparative Law
No abstract provided.
The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec
The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec
Georgia Journal of International & Comparative Law
No abstract provided.
Eric Holder's Recent Curtailment Of Mandatory Minimum Sentencing, Its Implications, And Prospects For Effective Reform, Alan Dahl
Brigham Young University Journal of Public Law
No abstract provided.
Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden
Georgia Journal of International & Comparative Law
No abstract provided.
The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson
The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney
International Extradition Of Mexican Narcotics Traffickers: Prospects And Pitfalls For The New Millennium, Rishi Hingoraney
Georgia Journal of International & Comparative Law
No abstract provided.
Playing By Their Rules: The Death Penalty And Foreigners In Saudi Arabia, Mary Carter Duncan
Playing By Their Rules: The Death Penalty And Foreigners In Saudi Arabia, Mary Carter Duncan
Georgia Journal of International & Comparative Law
No abstract provided.
In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding
In The Belly Of The Beast: A Comparison Of The Evolution And Status Of Prisoners' Rights In The United States And Europe, Roberta M. Harding
Georgia Journal of International & Comparative Law
No abstract provided.
The Right To Free Exercise Of Religion In Prisons: How Courts Should Determine Sincerity Of Religious Belief Under Rluipa, Noha Moustafa
The Right To Free Exercise Of Religion In Prisons: How Courts Should Determine Sincerity Of Religious Belief Under Rluipa, Noha Moustafa
Michigan Journal of Race and Law
Religion plays a vital role in the daily lives of many prisoners. For incarcerated persons, a connection to the divine can provide comfort during periods of isolation from their family and community. From a policy perspective, spiritual development and religious practice promote rehabilitation and reduce recidivism in inmates. While prisoners forfeit many of their civil liberties, Congress has ensured that religious exercise is not among them. As Congress enhanced religious freedom protections for prisoners, prison facilities became increasingly concerned that prisoners would feign religiosity to gain certain religious accommodations. To counter this concern, prison facilities conditioned accommodations on the sincerity …
The Unconvincing Case Against Private Prisons, Malcolm M. Feeley
The Unconvincing Case Against Private Prisons, Malcolm M. Feeley
Indiana Law Journal
In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue. The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance. This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world. Private prisons are a global phenomenon, and this argument now stands as the definitive principled …
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
Pepperdine Dispute Resolution Law Journal
This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.
Procreating From Prison: Evaluating British Prisoners' Right To Artificially Inseminate Their Wives Under The United Kingdom's New Human Rights Act And The 2001 Mellor Case, Pollybeth Proctor
Georgia Journal of International & Comparative Law
No abstract provided.
New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell
New Death Breathes Life Into Old Fears: The Murder Of Rosemary Nelson And The Importance Of Reforming The Police In Northern Ireland, Howard J. Russell
Georgia Journal of International & Comparative Law
No abstract provided.
Ratify Or Reject: Examining The United States' Opposition To The International Criminal Court, Matthew A. Barrett
Ratify Or Reject: Examining The United States' Opposition To The International Criminal Court, Matthew A. Barrett
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
Minding Your Meds: Balancing The Needs For Patient Privacy And Law Enforcement In Prescription Drug Monitoring Programs, Devon T. Unger
West Virginia Law Review
No abstract provided.
Remedial Discretion In Constitutional Adjudication, John M. Greabe
Remedial Discretion In Constitutional Adjudication, John M. Greabe
Buffalo Law Review
No abstract provided.
The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky
The Conversational Consent Search: How “Quick Look” And Other Similar Searches Have Eroded Our Constitutional Rights, Alexander A. Mikhalevsky
Georgia State University Law Review
One area in which law enforcement agencies have stretched constitutional limits concerns the scope of a suspect’s consent to search his or her vehicle. Police forces across the country have tested the limits of consent by asking vague, conversational questions to suspects with the goal of obtaining a suspect’s consent to search, even though that individual may not want to allow the search or may not know that he or she has the right to deny consent.
Conversational phrases like “Can I take a quick look?” or “Can I take a quick look around?” have “emerg[ed] as . . . …
Can Retributivism Be Saved?, Chad Flanders
Can Retributivism Be Saved?, Chad Flanders
BYU Law Review
Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …
Challenging Unjust Convictions Under Section 1983, Leon Friedman
Challenging Unjust Convictions Under Section 1983, Leon Friedman
Touro Law Review
No abstract provided.
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein
An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
The Heck Conundrum: Why Federal Courts Should Not Overextend The Heck V. Humphrey Preclusion Doctrine, Lyndon Bradshaw
The Heck Conundrum: Why Federal Courts Should Not Overextend The Heck V. Humphrey Preclusion Doctrine, Lyndon Bradshaw
BYU Law Review
No abstract provided.
Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus
Sentence Creep: Increasing Penalties In Michigan And The Need For Sentencing Reform, Anne Yantus
University of Michigan Journal of Law Reform
The governor and several legislators have requested review of Michigan’s sentencing practices with an eye toward sentence reform. Michigan leads the country in the average length of prison stay, and by internal comparisons the average minimum sentence has nearly doubled in the last decade. This Article explores cumulative increases to criminal penalties over the last several decades as reflected in amendments to the sentencing guidelines, increased maximum sentences, harsh mandatory minimum terms, increased authority for consecutive sentencing, wide sentencing discretion for habitual and repeat drug offenders, and tough parole practices and policies. The reality for legislators is that it is …
Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred
Corrections For Racial Disparities In Law Enforcement, Christopher L. Griffin Jr., Frank A. Sloan, Lindsey M. Eldred
William & Mary Law Review
Much empirical analysis has documented racial disparities at the beginning and end stages of criminal cases. However, our understanding about the perpetuation of—and even corrections for—differential outcomes in the process remains less than complete. This Article provides a comprehensive examination of criminal dispositions using all DWI cases in North Carolina from 2001 to 2011, focusing on several major decision points in the process. Starting with pretrial hearings and culminating in sentencing results, we track differences in outcomes by race and gender. Before sentencing, significant gaps emerge in the severity of pretrial release conditions that disadvantage black and Hispanic defendants. Yet …