Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (55)
- Northwestern Pritzker School of Law (42)
- American University Washington College of Law (38)
- SelectedWorks (35)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (29)
-
- Pace University (23)
- UIC School of Law (18)
- University of Pennsylvania Carey Law School (18)
- Case Western Reserve University School of Law (17)
- University of Michigan Law School (13)
- Columbia Law School (12)
- Georgetown University Law Center (11)
- University of Richmond (10)
- Maurer School of Law: Indiana University (9)
- Schulich School of Law, Dalhousie University (9)
- University at Buffalo School of Law (9)
- William & Mary Law School (9)
- Boston College Law School (8)
- Washington and Lee University School of Law (8)
- New York Law School (7)
- Cornell University Law School (6)
- Florida State University College of Law (6)
- Touro University Jacob D. Fuchsberg Law Center (6)
- University of Maryland Francis King Carey School of Law (6)
- Vanderbilt University Law School (6)
- Brooklyn Law School (4)
- Fordham Law School (4)
- Golden Gate University School of Law (4)
- Loyola University Chicago, School of Law (4)
- Saint Louis University School of Law (4)
- Keyword
-
- Criminal law (29)
- Victims (20)
- Criminal Law and Procedure (19)
- Criminal Law (18)
- Death penalty (18)
-
- International Law (17)
- Criminal procedure (14)
- Constitutional Law (13)
- Criminal justice (13)
- Sentencing (13)
- Capital punishment (12)
- Evidence (11)
- International Criminal Court (11)
- Fourth Amendment (9)
- Crime (7)
- Department of Justice (7)
- Human Rights (7)
- Punishment (7)
- Self-defense (7)
- Torture (7)
- Crimes (6)
- Criminal Procedure (6)
- Criminal justice system (6)
- Human rights (6)
- Juvenile justice (6)
- Privacy (6)
- Selected Professional Activities (6)
- Child abuse (5)
- Child pornography (5)
- Eighth Amendment (5)
- Publication
-
- Faculty Scholarship (35)
- Journal of Criminal Law and Criminology (33)
- Nevada Supreme Court Summaries (22)
- Faculty Scholarship at Penn Carey Law (18)
- Pace Law Review (15)
-
- UIC Law Review (15)
- War Crimes Memoranda (15)
- Journal Articles (12)
- Articles (10)
- American University Law Review (9)
- Scholarly Articles (9)
- American University Criminal Law Brief (8)
- Articles in Law Reviews & Other Academic Journals (8)
- C. Peter Erlinder (8)
- Elisabeth Haub School of Law Faculty Publications (8)
- All Faculty Scholarship (7)
- Georgetown Law Faculty Publications and Other Works (7)
- Human Rights Brief (7)
- Mubashshir Sarshar (7)
- Articles by Maurer Faculty (6)
- Faculty Publications (6)
- Robert Bloom (6)
- Robert M. Bloom (6)
- Scholarly Publications (6)
- Scholarly Works (6)
- Articles, Book Chapters, & Popular Press (5)
- Cornell Law Faculty Publications (5)
- NYLS Law Review (5)
- Publications (5)
- Thomas D. Lyon (5)
- Publication Type
Articles 1 - 30 of 536
Full-Text Articles in Law
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Terry V.Ohio, Massiah V. United States, And Zurcher V. Stanford Daily, Robert Bloom
Robert Bloom
No abstract provided.
Drug Testing In Public Schools, Robert Bloom
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
The Story Of Pottawatomie County V. Lindsay Earls: Drug Testing In The Public Schools, Robert Bloom
Robert Bloom
No abstract provided.
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Debate On Fourth Amendment Issues In Homeland Security Law, Robert Bloom
Robert Bloom
No abstract provided.
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Border Searches, Terrorism, And The Fourth Amendment, Robert Bloom
Robert Bloom
No abstract provided.
Jury Trial In Japan, Robert Bloom
Should The District Of Columbia Have Responsibility For The Prosecution Of Criminal Offenses Arising Under The District Of Columbia Code?, John Payton
University of the District of Columbia Law Review
No abstract provided.
Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder
Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder
Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
A Larger War On Terror?, David Cole
A Larger War On Terror?, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant , John D. King
American University Law Review
This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.
The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Dr. David Milward
The reliance of the Canadian criminal justice system on adversarial procedures and incarceration is not very effective or productive when dealing with Aboriginal crime. Restorative justice is often presented as a more constructive way of dealing with Aboriginal crime, and as a solution to Aboriginal over-incarceration. There have however been recent criticisms made against restorative justice that call into question its effectiveness as a medium of social control. These criticisms have the potential to enter policy discourses on justice and frustrate Aboriginal aspirations regarding the use of restorative justice. Restorative justice, notwithstanding the criticisms, still has the potential to provide …
Liability Insurance At The Tort-Crime Boundary, Tom Baker
Liability Insurance At The Tort-Crime Boundary, Tom Baker
Health Care Management Papers
This essay explores how liability insurance mediates the boundary between torts and crime. Liability insurance sometimes separates these two legal fields, for example through the application of standard insurance contract provisions that exclude insurance coverage for some crimes that are also torts. Perhaps less obviously, liability insurance also can draw parts of the tort and criminal fields together. For example, professional liability insurance civilizes the criminal law experience for some crimes that are also torts by providing defendants with an insurance-paid criminal defense that provides more than ordinary means to contest the state's accusations. The crime-tort separation in liability insurance …
Russian Rule-Ette: Using Khodorkovsky’S Criminal Trial To Asses The State Of Russia’S Judiciary , Dina M. Bernardelli
Russian Rule-Ette: Using Khodorkovsky’S Criminal Trial To Asses The State Of Russia’S Judiciary , Dina M. Bernardelli
Boston College International and Comparative Law Review
The criminal trial of Russian oligarch and oil tycoon Mikhail Khodorkovsky in connection with Yukos Oil has been one of the most publicized and controversial trials in the history of the Russian Federation. Khodorkovsky’s conviction in the Russian courts has raised grounds for appeal to the European Court of Human Rights on both procedural and substantive grounds. This Note discusses the failures of judicial reform in Russia since the founding of the Russian Federation that have been brought to light by Khodorkovsky’s trial, and assesses the causes of these failures and the prospects for judicial reform.
Judicial Fact-Finding At Sentencing, Stephanos Bibas
Judicial Fact-Finding At Sentencing, Stephanos Bibas
Faculty Scholarship at Penn Carey Law
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New Jersey, Blakely v. Washington, and United States v. Booker to limit judges' ability to find facts at sentencing. Paradoxically, the much-criticized Federal Sentencing Guidelines have survived; a line of cases that began as an effort to restore juries' role has turned into a guarantor of judicial discretion; and the doctrine has quickly moved far from its Sixth Amendment roots to a policy balancing test. The Court could instead have pursued a different, more fruitful path. The Court did not have to force sentencing factors into …
Toward Ethical Plea Bargaining, Erica J. Hashimoto
Toward Ethical Plea Bargaining, Erica J. Hashimoto
Scholarly Works
Defendants in criminal cases are overwhelmingly more likely to plead guilty than to go to trial. Presumably, at least a part of the reason that most of them do so is that it is in their interest to plead guilty, i.e., they will receive a more favorable outcome if they plead guilty than if they go to trial. The extent to which pleas reflect fair or rational compromises in practice, however, depends upon a variety of factors, including the amount of information each of the parties has about the case. Some level of informational symmetry therefore is critical to the …
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds
William & Mary Law Review
No abstract provided.
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Alexandra Natapoff
De La Denuncia A La Sanción: Sistema Penal Peruano Y Procesamiento De Delitos Sexuales, Beatriz Ramirez, Clea Guerra
De La Denuncia A La Sanción: Sistema Penal Peruano Y Procesamiento De Delitos Sexuales, Beatriz Ramirez, Clea Guerra
Beatriz Ramirez
Es una publicación que analiza la tramitación de los delitos contra la libertad sexual en el Perú. Analiza la legislación procesal vigente aún en varias regiones del país: el Codigo de Procedimientos Penales. No se considera el proceso que viene siendo implementado con el nuevo Código Procesal Penal del año 2004.
Summary Of Valdez V. State, 124 Nev. Adv. Op. No. 97, Elham Roohani
Summary Of Valdez V. State, 124 Nev. Adv. Op. No. 97, Elham Roohani
Nevada Supreme Court Summaries
Cumulative effect of prosecutorial misconduct and the abuse of discretion on the part of the district court through a failure to give the jury a written bifurcation instruction and the resultant effect of juror misconduct warrants reversal warranted reversal of a first-degree murder and attempted murder conviction.
The Right Thing For Juveniles, Tamar R. Birckhead
The Right Thing For Juveniles, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that the upper age of juvenile court jurisdiction in North Carolina should be raised from 16 to 18.
United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton
United States Of America V. Robert Jared Smith, A/K/A J-Dog, Appeal From The United States District Court For The Southern District Of West Virginia, Margaret M. Lawton
Margaret M. Lawton
No abstract provided.
Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder
Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder
Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews
Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews
Criminal Justice Faculty Research
Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …
The Constitutionality Of Civil Commitment And The Requirement Of Adequate Treatment, Douglas G. Smith
The Constitutionality Of Civil Commitment And The Requirement Of Adequate Treatment, Douglas G. Smith
Boston College Law Review
This Article examines the constitutional concerns raised by, and compares the costs and benefits associated with, the civil commitment of sexually violent predators. Specifically, it focuses on the State of Washington's civil commitment program, the oldest such program in the United States and the only program in the nation to have its constitutional parameters fully litigated. In large measure, the litigation surrounding Washington's civil commitment program has defined the scope of the constitutional rights of civilly committed individuals to constitutionally adequate treatment. At the same time, it has demonstrated many of the problems associated with such programs and provides an …
Responding To The Time-Based Failures Of The Criminal Law Through A Criminal Sunset Amendment, Richard E. Myers Ii
Responding To The Time-Based Failures Of The Criminal Law Through A Criminal Sunset Amendment, Richard E. Myers Ii
Boston College Law Review
The libertarian genius of the drafters of the U.S. Constitution recognized that liberty is defended best when it is difficult to pass a law. They therefore split power vertically and horizontally—between the states and the federal government, and among the executive, legislative, and judicial branches—and barred some laws from being passed at all. The obstructive mechanisms intended to defend liberty, however, also stymie attempts to restore liberty. This Article proposes a constitutional amendment that would redress that oversight by creating a twenty-five-year limit on the effect of all criminal legislation. It would force regular legislative , oversight of the criminal …
Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund
Rockwell International, Pondcrete, And An A La Carte Three-Step Test For Determining An "Original Source" In Qui Tam Lawsuits, Matthew Lund
BYU Law Review
No abstract provided.
Whose Rights? Why States Should Set The Parameters For Federal Honest Services Mail And Wire Fraud Prosecutions, Michael K. Avery
Whose Rights? Why States Should Set The Parameters For Federal Honest Services Mail And Wire Fraud Prosecutions, Michael K. Avery
Boston College Law Review
The citizens and governments of states and localities have a federal statutory right to the "honest services" of their public officials. The federal statutes that criminalize conduct impinging on this right, however, do not clearly define the parameters of the term "honest services," and, as a result, the U.S. Courts of Appeals have differed in their interpretation of what conduct comprises a violation of the statute. The U.S. Courts of Appeals for the Third and Fifth Circuits have held that, in order for there to be a federal crime, the "honest services" must be owed under state or local law. …
The Effect Of Blakely V. Washington On Upward Departures In A Sentencing Guideline State, Brian Iannacchione, Jeremy Ball
The Effect Of Blakely V. Washington On Upward Departures In A Sentencing Guideline State, Brian Iannacchione, Jeremy Ball
Criminal Justice Faculty Publications and Presentations
One of the problems facing the criminal justice system is unwarranted disparity as a result of unbridled discretion. Although disparity, by itself, does not necessarily indicate a problem in the criminal justice system, disparity unwarranted does present a problem. Disparity becomes unwarranted when, controlling for legal factors, extralegal factors such as race/ethnicity, gender, and age influence court processing decisions. The greater the discretion one possesses, the higher the likelihood of unwarranted disparity in one’s decisions (Albonetti, 1991; Meeker, Jesilow, & Aranda, 1992; Bushway & Piehl, 2001). Within the criminal court system, judicial discretion in sentencing has received the most scrutiny.