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Articles 1 - 11 of 11
Full-Text Articles in Law
Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger
Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger
Faculty Works
The police interrogation process has been a subject of controversy in both Great Britain and the United States. The debate has focused on how to regulate the police and thereby balance the public interest in crime control against the individual interest in freedom from state coercion. In the U.S regulation of the police interrogation process has largely been the result of U.S. Supreme Court interpretations of the self-incrimination privilege of the Fifth Amendment of the U.S. Constitution. In contrast, in Great Britain police interrogation controls have been enacted by Parliament in the Police and Criminal Evidence Act (PACE), supplemented by …
The Self-Incrimination Debate, Mark Berger
The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr
The Dispossession Of The Kansas Shawnee, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Ending Our Forebearers' Forbearances: Firrea And Supervisory Goodwill, William K. Black
Ending Our Forebearers' Forbearances: Firrea And Supervisory Goodwill, William K. Black
Faculty Works
No abstract provided.
Capital Punishment In Missouri: Recent Developments In The Interpretation And Administration Of The Death Penalty, Ellen Y. Suni
Capital Punishment In Missouri: Recent Developments In The Interpretation And Administration Of The Death Penalty, Ellen Y. Suni
Faculty Works
No abstract provided.
New Direction For Preservation Law: Creating An Environment Worth Experiencing, Douglas O. Linder
New Direction For Preservation Law: Creating An Environment Worth Experiencing, Douglas O. Linder
Faculty Works
No abstract provided.
The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr
The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr
Faculty Works
The quest for natural law can easily seem futile to the secularist, and the legal terrain beyond human institutions has often been abandoned to the theologians and the supernaturalists. Most contemporary legal philosophers tend to focus on law as process, on legal positivism and legal realism, on the relativity of values or on the legal masking of class, race or gender interests. This piece will not do direct battle with these philosophies, all of which may have internal integrity and legitimacy within their chosen spheres. Instead, this piece will reexplore the possibility and propriety of linking the reality of law …
Expediting Death: Repressive Tolerance And Post-Conviction Due Process Jurisprudence In Capital Cases, Nancy Levit
Expediting Death: Repressive Tolerance And Post-Conviction Due Process Jurisprudence In Capital Cases, Nancy Levit
Faculty Works
The legitimacy of capital punishment has long been intertwined with the integrity of the procedures for its imposition including opportunities for review on appeal and in collateral hearings. Proposed legislation would dramatically abbreviate the habeas process in capital cases. The proposed bills which would accelerate the imposition of death sentences are matched by an increased willingness by courts to employ summary proceedings to expedite habeas procedures. This acceleration in the imposition of death sentences is part of the larger picture in which capital cases receive different and less favorable constitutional treatment than other criminal or civil cases.
This article draws …
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
Faculty Works
No abstract provided.
Does Payment By Check Constitute A Transfer Upon Delivery Or Payment?, Kenneth D. Ferguson
Does Payment By Check Constitute A Transfer Upon Delivery Or Payment?, Kenneth D. Ferguson
Faculty Works
The inherent delay between delivery and a check's payment is significant in determining whether the transfer occurs upon delivery or payment of the check. A dilemma is created if a check is received on the 93rd day before the debtor's bankruptcy petition is filed, but payment occurs on the 89th day before the petition is filed. When is the transfer of funds considered to have occurred for the purpose of determining whether the payment is avoidable as a preference, on the 93rd or 89th day before the petition was filed?
The first section of this article analyzes of the legal …
Addressing The Needs Of Attorneys For The Damned, Sean O'Brien
Addressing The Needs Of Attorneys For The Damned, Sean O'Brien
Faculty Works
This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.