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1978

Criminal Law

Institution
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Articles 1 - 30 of 140

Full-Text Articles in Law

The Law As A Path To The World, Francis A. Allen Dec 1978

The Law As A Path To The World, Francis A. Allen

Michigan Law Review

Many years ago the late Mr. Justice Oliver Wendell Holmes observed: "The law is a small subject (though ... it leads to all things) .... " The comments that follow are an elaboration of Justice Holmes's theme. It will be asserted that one characteristic of legal studies, properly pursued, is that they lead to a fuller understanding of the larger world of which the law and its institutions are a part. Because the law leads to a larger world of persons, events, and ideas, it claims the attention even of those possessing no interest in acquiring professional legal skills. This …


Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford Nov 1978

Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.


Domestic Violence, Senate Subcommittee On Administration Of Justice Oct 1978

Domestic Violence, Senate Subcommittee On Administration Of Justice

California Senate

No abstract provided.


The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus Oct 1978

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Faculty Publications

No abstract provided.


Michigan V. Defillippo, Lewis F. Powell Jr. Oct 1978

Michigan V. Defillippo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dunaway V. New York, Lewis F. Powell Jr. Oct 1978

Dunaway V. New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Duren V. Missouri, Lewis F. Powell Jr. Oct 1978

Duren V. Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Brown V. Texas, Lewis F. Powell Jr. Oct 1978

Brown V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dunn V. United States, Lewis F. Powell Jr. Oct 1978

Dunn V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dalia V. United States, Lewis F. Powell Jr. Oct 1978

Dalia V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Arkansas V. Sanders, Lewis F. Powell Jr. Oct 1978

Arkansas V. Sanders, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Maryland, Lewis F. Powell Jr. Oct 1978

Smith V. Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


North Carolina V. Butler, Lewis F. Powell Jr. Oct 1978

North Carolina V. Butler, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Helstoski, Lewis F. Powell Jr. Oct 1978

United States V. Helstoski, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Addonizio, Lewis F. Powell Jr. Oct 1978

United States V. Addonizio, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Parker V. Randolph, Lewis F. Powell Jr. Oct 1978

Parker V. Randolph, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr. Oct 1978

Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins Oct 1978

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …


Truth By Ordeal: The Growing Acceptance Of Polygraphy, William E. Ploss Oct 1978

Truth By Ordeal: The Growing Acceptance Of Polygraphy, William E. Ploss

Florida State University Law Review

No abstract provided.


A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira P. Robbins Sep 1978

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira P. Robbins

Ira P. Robbins

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country.
The Treaty was ratified …


United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr. Sep 1978

United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.

BYU Law Review

No abstract provided.


Electronic Visual Surveillance And The Right Of Privacy: When Is Electronic Observation Reasonable? Sep 1978

Electronic Visual Surveillance And The Right Of Privacy: When Is Electronic Observation Reasonable?

Washington and Lee Law Review

No abstract provided.


Calculation Of Time Credits For Texas Prisoners., Deborah A. Becker Sep 1978

Calculation Of Time Credits For Texas Prisoners., Deborah A. Becker

St. Mary's Law Journal

Abstract Forthcoming.


Forfeiture By Guilty Plea--A Reply, Peter Westen Aug 1978

Forfeiture By Guilty Plea--A Reply, Peter Westen

Michigan Law Review

I will begin by describing what I think Professor Saltzburg and I both mean by a ''legal theory." I then apply that standard to test the validity of the two theories at issue here, first Professor Saltzburg's, then mine. I next discuss a third theory that is independent of both Professor Saltzburg's and mine, viz., that whether a constitutional claim survives a guilty plea depends on whether it is ''jurisdictional." Finally, I comment generally on the concept of forfeiture and its influence on the way one conceives of constitutional rights.


Pleas Of Guilty And The Loss Of Constitutional Rights: The Current Price Of Pleading Guilty, Stephen A. Saltzburg Aug 1978

Pleas Of Guilty And The Loss Of Constitutional Rights: The Current Price Of Pleading Guilty, Stephen A. Saltzburg

Michigan Law Review

This Article proposes the same basic rule as Westen's to explain the Supreme Court's decisions, but for very different reasons which require several modifications of the Westen rule. I argue that all the guilty-plea cases, properly viewed, are consistent with, and therefore can be read as evidence of, a theory more easily applied than articulated by the Court: that some constitutional rights are largely premised on notions of litigation avoidance, that their "avoidance" rationales must be respected, and that these rights therefore prevent governments from establishing procedural rules that force criminal defendants to go to trial-to choose more rather than …


An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow Jul 1978

An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow

Florida State University Law Review

No abstract provided.


The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst Jul 1978

The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium


Journalists And Terrorism: Captives Of The Libertarian Tradition, Walter B. Jaehnig Jul 1978

Journalists And Terrorism: Captives Of The Libertarian Tradition, Walter B. Jaehnig

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium


Television And Terrorism: Professionalism Not Quite The Answer, Herbert A. Terry Jul 1978

Television And Terrorism: Professionalism Not Quite The Answer, Herbert A. Terry

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium


Terrorism And The Media: Legal Responses (Introduction), Patrick Baude Jul 1978

Terrorism And The Media: Legal Responses (Introduction), Patrick Baude

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium