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Full-Text Articles in Law

Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan Dec 2001

Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan

James M. Donovan

Few images slice as deeply into our self-image as a fair society than that of a defendant on trial for his very life depending upon the services of an attorney who naps throughout the proceedings. Although this scenario is not new, the courts have yet to resolve definitively how they should respond to a defendant burdened with snoozing counsel. This note discusses the outcome of the latest attempt. UPDATE: While a conscious lawyer is presumably a requirement of due process, some jurisdictions make no similar demand that judges remain awake: see http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2007/273.html


"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein Mar 2001

"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein

David S Rudstein

No abstract provided.


Subjective States Of Mind And Custodial Arrest: Race Based Policing, Christopher C. Cooper Jan 2001

Subjective States Of Mind And Custodial Arrest: Race Based Policing, Christopher C. Cooper

Christopher C. Cooper Dr.

No abstract provided.


Florida V. J.L.-Withdrawing Permission To “Lie With Impunity”: The Demise Of “Truly Anonymous” Informants And The Resurrection Of The Aguilar/Spinelli Test For Probable Cause, Peter Erlinder Jan 2001

Florida V. J.L.-Withdrawing Permission To “Lie With Impunity”: The Demise Of “Truly Anonymous” Informants And The Resurrection Of The Aguilar/Spinelli Test For Probable Cause, Peter Erlinder

C. Peter Erlinder

No abstract provided.


A Round Peg In A Square Hole: Federal Forfeiture Of State Professional Licenses, Wesley Oliver Dec 2000

A Round Peg In A Square Hole: Federal Forfeiture Of State Professional Licenses, Wesley Oliver

Wesley M Oliver

No abstract provided.


Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein Dec 2000

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.