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Articles 1 - 30 of 37
Full-Text Articles in Law
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Member Of The Panel, "Dred Scott To Grutter: Civil Rights Through The Years", Robert Bloom
Robert Bloom
No abstract provided.
Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom
Other: National Criminal Procedure Moot Court Team Coach, Robert Bloom
Robert Bloom
Coach of the National Criminal Procedure Moot Court Team, which won two national championships in 2006 and 2007, at Seton Hall Law School in Newark, New Jersey.
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Robert Bloom
No abstract provided.
Time Travel, Hovercrafts, And The Framers: James Madison Sees The Future And Rewrites The Fourth Amendment, George Thomas
Time Travel, Hovercrafts, And The Framers: James Madison Sees The Future And Rewrites The Fourth Amendment, George Thomas
George C Thomas III
The Framers could not have contemplated the interpretational problems that cloud the Fourth Amendment because police, in the modern sense, were unknown to the Framers. Also unknown to the Framers, of course, were wiretaps, drug interdiction searches, thermal imagining, helicopters, and blood tests. We can infer from the history surrounding the Fourth Amendment what the Framers hoped it would accomplish in their time. What if the Framers could have seen the future and known the kind of police techniques that are being used today? What kind of Fourth Amendment would they have written with that knowledge? This article seeks to …
Missing Miranda's Story, A Review Of Gary L. Stuart's, Miranda: The Story Of America's Right To Remain Silent, George C. Thomas Iii
Missing Miranda's Story, A Review Of Gary L. Stuart's, Miranda: The Story Of America's Right To Remain Silent, George C. Thomas Iii
George C Thomas III
Miranda v. Arizona is the best known criminal procedure decision in the history of the Supreme Court. It has spawned dozens of books and hundreds of articles. The world does not need another Miranda book unless it has something new and interesting to tell readers. Unfortunately, to borrow an old cliche, the parts of Gary Stuart’s book that are new are, for the most part, not interesting and the parts that are interesting are, for the most part, not new. Stuart adds material to the Miranda storehouse about the involvement of local Arizona lawyers and judges in the original case, …
Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum
Justice Story Cuts The Gordian Knot Of Hung Jury Instructions, George C. Thomas Iii, Mark Greenbaum
George C Thomas III
Constitutional law grows more complex over time. The complexity is due, in large part, to the rule of stare decisis. When faced with precedents that it does not wish to follow, the Court usually distinguishes the case before it. Thus, the constitutional landscape is littered with cases that do not fit well together. Navigating past these shoals is often difficult for courts following the Supreme Court’s lead. One example is the law governing instructions that a trial judge can give a deadlocked jury in a criminal case. The right to a jury trial entails the right to have the jury …
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Vera Bergelson
This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed. Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …
Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda
Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda
Evangeline Sarda
No abstract provided.
What The Annual Public Interest Law Retreat Holds For The Law School, Evangeline Sarda
What The Annual Public Interest Law Retreat Holds For The Law School, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Perjury Or Subornation Of Perjury; Bribery Of Witness: Model Sentencing Guidelines § 2j1, Steven Chanenson
Perjury Or Subornation Of Perjury; Bribery Of Witness: Model Sentencing Guidelines § 2j1, Steven Chanenson
Steven L. Chanenson
No abstract provided.
Obstruction Of Justice: Model Sentencing Guidelines §2j2, Steven Chanenson
Obstruction Of Justice: Model Sentencing Guidelines §2j2, Steven Chanenson
Steven L. Chanenson
No abstract provided.
The Intercultural Exploration, Evangeline Sarda
The Intercultural Exploration, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Negotiating Meaning Of Authority And Justice, Evangeline Sarda
Negotiating Meaning Of Authority And Justice, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Identity And/In Law Firm Culture, Evangeline Sarda
Identity And/In Law Firm Culture, Evangeline Sarda
Evangeline Sarda
No abstract provided.
A Incorporação Dos Tratados De Direitos Humanos Ao Ordenamento Jurídico Brasileiro, Fabiano Barroso
A Incorporação Dos Tratados De Direitos Humanos Ao Ordenamento Jurídico Brasileiro, Fabiano Barroso
fabiano barroso
direitos humanos, tratados internacionais, direito constitucional
South Dakota Tribal Court Handbook (Revised Edition), Frank Pommersheim
South Dakota Tribal Court Handbook (Revised Edition), Frank Pommersheim
Frank Pommersheim
The South Dakota Tribal Court Handbook is designed to provide an informative and ready resource for the practicing bar in South Dakota as well as for the tribal and statewide community at large. The overarching objective of this effort is to facilitate ongoing communication, understanding, and respect for tribal courts and tribal court personnel.
40 Years After Gideon V. Wainwright: A Constitutional Crisis, Mary Sue Backus
40 Years After Gideon V. Wainwright: A Constitutional Crisis, Mary Sue Backus
Mary Sue Backus
No abstract provided.
The National Crisis In Indigent Defense, Mary Sue Backus
The National Crisis In Indigent Defense, Mary Sue Backus
Mary Sue Backus
No abstract provided.
The Crisis Of Indigent Defense In The United States, Mary Sue Backus
The Crisis Of Indigent Defense In The United States, Mary Sue Backus
Mary Sue Backus
No abstract provided.
Partial Ban On Plea Bargains, Oren Gazal
Partial Ban On Plea Bargains, Oren Gazal
Oren Gazal-Ayal
The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he choose to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that the both supporters and …
Second Annual Summit On Indigent Defense Improvement: A Forum For Bar And Indigent Defense Leaders, Mary Sue Backus
Second Annual Summit On Indigent Defense Improvement: A Forum For Bar And Indigent Defense Leaders, Mary Sue Backus
Mary Sue Backus
No abstract provided.
The Right To Counsel In The United States, Mary Sue Backus
The Right To Counsel In The United States, Mary Sue Backus
Mary Sue Backus
No abstract provided.
Plea Bargains Only For The Guilty, Oren Bar-Gill, Oren Gazal
Plea Bargains Only For The Guilty, Oren Bar-Gill, Oren Gazal
Oren Gazal-Ayal
A major concern with plea bargains is that innocent defendants will be induced to plead guilty. This paper argues that the law can address this concern by providing prosecutors with incentives to select cases in which the probability of guilt is high. By restricting the permissible sentence reduction in a plea bargain the law can preclude plea bargains in cases where the probability of conviction is low (L cases). The prosecutor will therefore be forced to – (1) select fewer L cases and proceed to trial with these cases; or (2) select more cases with a higher probability of conviction …
Standard Minimum Sentencing And Guideline Judgments: An Uneasy Alliance In The Way Of The Future, John L. Anderson
Standard Minimum Sentencing And Guideline Judgments: An Uneasy Alliance In The Way Of The Future, John L. Anderson
John L Anderson
This article will analyse the contemporary co-existence of standard non-parole periods and judicial guideline judgments in New South Wales. In R v Way, judicial interpretation of the standard non-parole provisions circumscribed their direct application. Subsequently, in cases such as R v Davies, R v AJP, R v Sangalang and R v Mills, the Court of Criminal Appeal has grappled with the meaning of the standard non-parole period as a "reference point" in sentencing and has expressed a view that the practical effect of these reference points will be to increase sentence levels for certain offence categories. Alongside this scheme stand …
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
Erik Luna
No abstract provided.
Continuing The March Toward Reasonableness: Last Term's Fourth Amendment Decisions, Lawrence Rosenthal
Continuing The March Toward Reasonableness: Last Term's Fourth Amendment Decisions, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Group Dynamics Workshop, Evangeline Sarda
Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies
Introduction - The Trail Smelter Arbitration And Transboundary Harm, Russell Miller, Rebecca Bratspies
Russell A. Miller
No abstract provided.
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Criminal Procedure: The Constitution And The Police, Examples And Explanations, Robert Bloom, Mark Brodin
Robert M. Bloom
No abstract provided.
Competent Persons’ Constitutional Right To Refuse Medical Treatment In The U.S. And Japan: Application To Japanese Law, Naoki Kanaboshi
Competent Persons’ Constitutional Right To Refuse Medical Treatment In The U.S. And Japan: Application To Japanese Law, Naoki Kanaboshi
Naoki Kanaboshi
No abstract provided.