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Full-Text Articles in Law
Administrative Subpoenas And The Grand Jury: Converging Streams Of Criminal And Civil Compulsory Process, Graham Hughes
Administrative Subpoenas And The Grand Jury: Converging Streams Of Criminal And Civil Compulsory Process, Graham Hughes
Vanderbilt Law Review
Litigation depends on information. In the last few decades, discovery in civil cases has been dramatically extended in order to move toward a position in which litigants' files are open to other parties with very few restrictions.' This movement in civil cases has been relatively smooth, for its merits in terms of economy and efficiency can be fortified by pointing to its even-handed mutuality and reciprocity. In criminal cases, by contrast, courts at one time thought that any considerable expansion in discovery must be rejected because the constraints of the Fifth Amendment's self-incrimination clause would bar the exercise of compulsion …
Stretching The "Terry" Doctrine To The Search For Evidence Of Crime: Canine Sniffs, State Constitutions, And The Reasonable Suspicion Standard, Kenneth L. Pollack
Stretching The "Terry" Doctrine To The Search For Evidence Of Crime: Canine Sniffs, State Constitutions, And The Reasonable Suspicion Standard, Kenneth L. Pollack
Vanderbilt Law Review
The Fourth Amendment, protects an individual's interest in freedom from unreasonable government intrusions into personal privacy. When a court finds an investigative technique to be a search within the Amendment's meaning, it effectively concludes that Fourth Amendment protection should apply. If the government activity constitutes a search, that activity must be reasonable. If the activity does not amount to a search, however, the government enjoys virtual freedom to conduct that activity as unreasonably as it pleases. For pure investigatory searches, the United States Supreme Court has found that the probable cause requirement strikes the proper balance in defining reasonableness. Unlike …
Hearsay And Informal Reasoning, Craig R. Callen
Hearsay And Informal Reasoning, Craig R. Callen
Vanderbilt Law Review
The Federal Rules of Evidence define hearsay as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted."' A statement, in turn, is "(1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion." Hearsay is inadmissible unless it falls within an exception to the rule or an exclusion from the definition. Courts and commentators often write as if the distinctions they make between hearsay and nonhearsay are consistent with informal …
Between The Frontier And The Big City: Sixty Years Of Small-Town Murder Prosecution, Chris Guthrie
Between The Frontier And The Big City: Sixty Years Of Small-Town Murder Prosecution, Chris Guthrie
Vanderbilt Law School Faculty Publications
This article examines small-town murder in Johnson County, Kansas, from 1880 to 1939. While providing lurid details of the murders committed over a sixty-year period in the county's small towns and villages, this article concludes that smalltown murder was slightly different from murder elsewhere. The overwhelming impression one gets from reviewing these rural murder cases is that small-town murder - though criminal and violent - was more a matter of inept dispute resolution than a matter of violent crime. True, the frontier and the big cities saw their share of petty disputes "resolved" through murder. But the small-town murders, at …