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Articles 31 - 60 of 126
Full-Text Articles in Law
Special Issues Raised By Rape Trials, Aviva A. Orenstein
Special Issues Raised By Rape Trials, Aviva A. Orenstein
Articles by Maurer Faculty
Rape cases reveal core conflicts in the space where evidence, law, and ethics intersect. Such conflicts include the tension between victim protection and the rights of the accused, the challenges attorneys face trying to negotiate the demands of sensitive and emotionally difficult cases, and the role of the law in counteracting stereotypes and bias.
In this essay, I will begin by presenting the cultural milieu surrounding rape allegations, briefly reviewing attitudes towards perpetrators and victims. Next, I will attempt to capture the legal zeitgeist concerning rape, focusing on two recent phenomena: the reversal of false rape convictions based on DNA …
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Articles by Maurer Faculty
The Due Process Clause with its focus on a defendant's liberty interest has become the key, if not only, limitation on a court's exercise of personal jurisdiction. This due process jurisdictional limitation is universally assumed to apply with equal force to alien defendants as to domestic defendants. With few exceptions, scholars do not distinguish between the two. Neither do the courts. Countless cases assume that foreigners have all the rights of United States citizens to object to extraterritorial assertions of personal jurisdiction.
But is this assumption sound? This Article explores the uncritical assumption that the same due process considerations apply …
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
Articles by Maurer Faculty
This Comment focuses on the nuances of post-Booker cooperation departures and sentence variances. Section 5K1.1 of the Guidelines governs the provision of cooperation, or substantial assistance, departures. This provision was the primary method for defendants to receive cooperation departures prior to Booker. The section 5K1.1 provision allowed substantial assistance departures where the prosecution actually benefited from the defendant’s cooperation.
First, Part I.A of this Comment will provide an overview of the original goals of the Sentencing Commission and the section 5K1.1 substantial assistance provision. Part I.B of the Comment summarizes United States v. Booker and its impact on cooperation departures. …
The Reasonable Policeman: Police Intent In Criminal Procedure, Craig M. Bradley
The Reasonable Policeman: Police Intent In Criminal Procedure, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413 and 414 (concerning rape and child abuse, respectively) allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity. Courts have rejected due process challenges to the new rules, holding that Federal Rule of Evidence 403 serves as a check on any fairness concerns. However, courts' application of Rule 403 in cases involving these sexual propensity rules is troubling. Relying on the legislative history of the new rules and announcing a presumption of admissibility, courts have forsaken the traditional operation of …
Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann
Protecting The Innocent: The Massachusetts Governor's Council Report, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Federalism And The Federal Criminal Law, Craig M. Bradley
Federalism And The Federal Criminal Law, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Revenge Or Mercy? Some Thoughts About Survivor Opinion Evidence In Death Penalty Cases, Joseph L. Hoffmann
Revenge Or Mercy? Some Thoughts About Survivor Opinion Evidence In Death Penalty Cases, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
The Middle Class Fourth Amendment, Craig M. Bradley
The Middle Class Fourth Amendment, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua Fairfield
To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua Fairfield
Articles by Maurer Faculty
No abstract provided.
Keeping Cross-Examination Under Control, J. Alexander Tanford
Keeping Cross-Examination Under Control, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Mapp Goes Abroad, Craig M. Bradley
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Plea Bargaining In The Shadow Of Death, Joseph L. Hoffmann, Marcy L. Kahn, Steven W. Fisher
Articles by Maurer Faculty
No abstract provided.
Apprendi V. New Jersey: Back To The Future?, Joseph L. Hoffmann
Apprendi V. New Jersey: Back To The Future?, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Revisiting Victim's Rights, Lynne N. Henderson
Revisiting Victim's Rights, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein
No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford
The In/Into Controversy: Lubet Misses The Point, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley
Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Keeping Cross-Examination Under Control, J. Alexander Tanford
Keeping Cross-Examination Under Control, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
The Court's "Two Model" Approach To The Fourth Amendment: Carpe Diem!, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Articles by Maurer Faculty
No abstract provided.
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
The Sixth Amendment Lives! A Reply To Professor Jonakait, Craig M. Bradley
The Sixth Amendment Lives! A Reply To Professor Jonakait, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt
An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
For many outside the legal profession, the end of a legal case is the reading of the verdict. However, that is only the beginning for those being judged. One of the most significant and delicate tasks within the sphere of the legal system is that of sentencing those convicted. Because of the extreme personal impact that a judge's sentencing has on each individual, the most effective approach to creating guidelines for sentencing has been a hot topic of debate. Upon the birth of the Sentencing Reform Act of 1984, the system changed from one of standards to one of often …
Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow
Who Is An Impartial Juror In An Age Of Mass Media?, Fred H. Cate, Newton N. Minow
Articles by Maurer Faculty
No abstract provided.
Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow
Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow
Articles by Maurer Faculty
No abstract provided.