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Full-Text Articles in Law
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Tragedies Of The Cultural Commons, Etienne C. Toussaint
Faculty Publications
In the United States, Black cultural expressions of democratic life that operate within specific historical-local contexts, yet reflect a shared set of sociocultural mores, have been historically crowded out of the law and policymaking process. Instead of democratic cultural discourse occurring within an open and neutral marketplace of ideas, the discursive production and consumption of democratic culture in American politics has been rivalrous. Such rivalry too often enables dominant White supremacist cultural beliefs, values, and practices to exercise their hegemony upon law’s production and meaning. The result has been tragedy for politically disempowered and socioeconomically excluded communities.
This Article uses …
The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth
The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth
Faculty Publications
No abstract provided.
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
Faculty Publications
No abstract provided.
Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
Potential Innocence: Making The Most Of A Bleak Environment For Public Support Of Indigent Defense, Robert P. Mosteller
Faculty Publications
No abstract provided.
The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller
The Sixth Amendment Rights To Fairness: The Touchstones Of Effectiveness And Pragmatism, Robert P. Mosteller
Faculty Publications
No abstract provided.
Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman
Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman
Faculty Publications
No abstract provided.
Confrontation In Children's Cases: The Dimensions Of Limited Coverage, Robert P. Mosteller
Confrontation In Children's Cases: The Dimensions Of Limited Coverage, Robert P. Mosteller
Faculty Publications
No abstract provided.
Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii
Challenges To Terry For The Twenty-First Century, Richard E. Myers Ii
Faculty Publications
No abstract provided.
Responding To Mccleskey And Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges In Death Cases, Robert P. Mosteller
Responding To Mccleskey And Batson: The North Carolina Racial Justice Act Confronts Racial Peremptory Challenges In Death Cases, Robert P. Mosteller
Faculty Publications
No abstract provided.
Revealing And Thereby Tempering The Abuses Of Government Created Evidence In Criminal Trials, Robert P. Mosteller
Revealing And Thereby Tempering The Abuses Of Government Created Evidence In Criminal Trials, Robert P. Mosteller
Faculty Publications
No abstract provided.
The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun
The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun
Faculty Publications
No abstract provided.
Why Defense Attorneys Cannot, But Do, Care About Innocence, Robert P. Mosteller
Why Defense Attorneys Cannot, But Do, Care About Innocence, Robert P. Mosteller
Faculty Publications
No abstract provided.
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha Weissman
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha Weissman
Faculty Publications
No abstract provided.
Protecting The Innocent: Part Of The Solution For Inadequate Funding For Defenders, Not A Panacea For Targeting Justice, Robert P. Mosteller
Protecting The Innocent: Part Of The Solution For Inadequate Funding For Defenders, Not A Panacea For Targeting Justice, Robert P. Mosteller
Faculty Publications
No abstract provided.
Self-Defense, John V. Orth
The Jena Six, Mass Incarceration, And The Remoralization Of Civil Rights, Joseph E. Kennedy
The Jena Six, Mass Incarceration, And The Remoralization Of Civil Rights, Joseph E. Kennedy
Faculty Publications
No abstract provided.
The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing "First Drafts," Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller
The Special Threat Of Informants To The Innocent Who Are Not Innocents: Producing "First Drafts," Recording Incentives, And Taking A Fresh Look At The Evidence, Robert P. Mosteller
Faculty Publications
No abstract provided.
Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller
Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller
Faculty Publications
No abstract provided.
Responding To The Time-Based Failures Of The Criminal Law Through A Criminal Sunset Amendment, Richard E. Myers Ii
Responding To The Time-Based Failures Of The Criminal Law Through A Criminal Sunset Amendment, Richard E. Myers Ii
Faculty Publications
No abstract provided.
Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller
Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller
Faculty Publications
No abstract provided.
Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller
Police Deception Before Miranda Warnings: The Case For Per Se Prohibition Of An Entirely Unjustified Practice At The Most Critical Moment, Robert P. Mosteller
Faculty Publications
No abstract provided.
Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller
Softening Of The Formality And Formalism Of The "Testimonial" Statement Concept, Robert P. Mosteller
Faculty Publications
No abstract provided.
Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller
Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller
Faculty Publications
No abstract provided.
Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause
Distorted Reflections Of Battered Women Who Kill: A Response To Professor Dressler, Joan H. Krause
Faculty Publications
No abstract provided.
The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller
The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To "Do Justice", Robert P. Mosteller
Faculty Publications
No abstract provided.
Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller
Davis V. Washington And Hammon V. Indiana: Beating Expectations, Robert P. Mosteller
Faculty Publications
No abstract provided.
Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller
Evidence History, The New Trace Evidence, And Rumblings In The Future Of Proof, Robert P. Mosteller
Faculty Publications
No abstract provided.
Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller
Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller
Faculty Publications
High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have sought to justify the harmful decisions made by past generations. Such revisionism, however, threatens the very foundation of reparations theory by persuading the public that redress is unnecessary because historical figures actually committed no injustice by merely acting appropriately, given the historical context in which they lived. This Article seeks to initiate a dialogue regarding how …
Detector Dogs And Probable Cause, Richard E. Myers Ii
Detector Dogs And Probable Cause, Richard E. Myers Ii
Faculty Publications
No abstract provided.
Testimonial And The Formalistic Definition -- The Case For An "Accusatorial" Fix, Robert P. Mosteller
Testimonial And The Formalistic Definition -- The Case For An "Accusatorial" Fix, Robert P. Mosteller
Faculty Publications
No abstract provided.