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Articles 1 - 14 of 14

Full-Text Articles in Law

Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban Dec 2007

Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban

William & Mary Bill of Rights Journal

No abstract provided.


Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz Nov 2007

Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz

Faculty Publications

Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature's desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to "beyond all doubt" to convict indigent defendants. The …


The Price Of Misdemeanor Representation, Erica J. Hashimoto Nov 2007

The Price Of Misdemeanor Representation, Erica J. Hashimoto

William & Mary Law Review

Nobody disputes either the reality of excessive caseloads in indigent defense systems or their negative effects. More than forty years after Gideon v. Wainwright, however, few seem willing to accept that additional resources will not magically appear to solve the problem. Rather, concerned observers demand more funds while state and local legislators resist those entreaties in the face of political resistance and pressures to balance government budgets. Recognizing that indigent defense systems must operate in a world of limited resources, states should reduce the number of cases streaming into those systems by significantly curtailing the appointment of counsel in low-level …


"You Fall Into Scylla In Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach To Supervised Release For Sex Offenders, Frank E. Correll Jr. Nov 2007

"You Fall Into Scylla In Seeking To Avoid Charybdis": The Second Circuit's Pragmatic Approach To Supervised Release For Sex Offenders, Frank E. Correll Jr.

William & Mary Law Review

No abstract provided.


Sentencing Acquitted Conduct To The Post-Booker Dustbin, James J. Bilsborrow Oct 2007

Sentencing Acquitted Conduct To The Post-Booker Dustbin, James J. Bilsborrow

William & Mary Law Review

No abstract provided.


Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz May 2007

Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz

Faculty Publications

No abstract provided.


Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith May 2007

Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith

William & Mary Law Review

No abstract provided.


"Unspeakable Justice" : The Oswald Martinez Case And The Failure Of The Legal Stystem To Adequately Provide For Incompetent Defendants, Jamie Mickelson Apr 2007

"Unspeakable Justice" : The Oswald Martinez Case And The Failure Of The Legal Stystem To Adequately Provide For Incompetent Defendants, Jamie Mickelson

William & Mary Law Review

No abstract provided.


"Sacrificing The End To The Means": The Constitutionality Of Suspicionless Subway Searches, Katherine Lee Martin Apr 2007

"Sacrificing The End To The Means": The Constitutionality Of Suspicionless Subway Searches, Katherine Lee Martin

William & Mary Bill of Rights Journal

No abstract provided.


All Men Are (Or Should Be) Created Equal: An Argument Against The Use Of The Cultural Defense In A Post-Booker World, Elizabeth Martin Apr 2007

All Men Are (Or Should Be) Created Equal: An Argument Against The Use Of The Cultural Defense In A Post-Booker World, Elizabeth Martin

William & Mary Bill of Rights Journal

No abstract provided.


The Jurisprudence Of Punishment, Kyron Huigens Apr 2007

The Jurisprudence Of Punishment, Kyron Huigens

William & Mary Law Review

No abstract provided.


Terrorism And The New Criminal Process, John T. Parry Feb 2007

Terrorism And The New Criminal Process, John T. Parry

William & Mary Bill of Rights Journal

No abstract provided.


Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum Feb 2007

Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum

William & Mary Bill of Rights Journal

No abstract provided.


Imposing A Cap On Capital Punishment, Adam M. Gershowitz Jan 2007

Imposing A Cap On Capital Punishment, Adam M. Gershowitz

Faculty Publications

No abstract provided.