Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (60)
- Touro University Jacob D. Fuchsberg Law Center (26)
- New York Law School (11)
- University of Florida Levin College of Law (7)
- University of Michigan Law School (6)
-
- Mercer University School of Law (4)
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- Pace University (3)
- The Catholic University of America, Columbus School of Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Washington School of Law (3)
- Brigham Young University Law School (2)
- University at Buffalo School of Law (2)
- University of Oklahoma College of Law (2)
- University of Richmond (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Georgia State University College of Law (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- SJ Quinney College of Law, University of Utah (1)
- UIC School of Law (1)
- Universitas Indonesia (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of New Hampshire (1)
- University of San Diego (1)
- Keyword
-
- Evidence (20)
- Fourth Amendment (14)
- Criminal Procedure (13)
- Constitution (12)
- Fifth Amendment (12)
-
- Constitutional Law (11)
- Criminal law (11)
- Criminal procedure (11)
- Sixth Amendment (11)
- Police (10)
- New York (9)
- Supreme Court (9)
- Crime (8)
- Miranda (8)
- Sentencing (8)
- Testimony (8)
- Trial (8)
- Victims of crimes (8)
- Crime victims (7)
- Criminal (7)
- Criminal justice system (7)
- Drugs (7)
- Privacy (7)
- Search and Seizure (7)
- Self-incrimination (7)
- Victims' rights (7)
- 6th Amendment (6)
- California (6)
- Innocence (6)
- Right to counsel (6)
- Publication
-
- Pepperdine Law Review (54)
- Touro Law Review (26)
- NYLS Law Review (11)
- Florida Law Review (7)
- Pepperdine Dispute Resolution Law Journal (6)
-
- Mercer Law Review (4)
- Catholic University Law Review (3)
- Michigan Law Review (3)
- Nevada Law Journal (3)
- Pace Law Review (3)
- The Journal of Appellate Practice and Process (3)
- Washington Law Review (3)
- BYU Law Review (2)
- Buffalo Law Review (2)
- University of Richmond Law Review (2)
- Washington and Lee Law Review (2)
- American Indian Law Review (1)
- American University Law Review (1)
- Barry Law Review (1)
- Georgia Law Review (1)
- Georgia State University Law Review (1)
- Indiana Law Journal (1)
- Indonesia Law Review (1)
- Kentucky Law Journal (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of International Law (1)
- Northwestern Journal of Law & Social Policy (1)
- Oklahoma Law Review (1)
- Osgoode Hall Law Journal (1)
- Public Interest Law Reporter (1)
Articles 1 - 30 of 155
Full-Text Articles in Law
One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah
One Roof Judicial System In Indonesia, Sufiarina Sufiarina, Efa Laela Fakhriah
Indonesia Law Review
Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in …
Court Of Appeals Of New York - People V. Umali, Andrew J. Vansingel
Court Of Appeals Of New York - People V. Umali, Andrew J. Vansingel
Touro Law Review
No abstract provided.
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Appellate Division, First Department - People V. Martinez, Jean K. Delisle
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - In Re Suarez, Malaika Makembe
Court Of Appeals Of New York - In Re Suarez, Malaika Makembe
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. White, Rosalinde Casalini
Court Of Appeals Of New York - People V. White, Rosalinde Casalini
Touro Law Review
No abstract provided.
Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico
Appellate Division, First Department - People V. Boyd, Joseph M. D'Amico
Touro Law Review
No abstract provided.
Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz
Court Of Appeals Of New York - People V. Leon, Madeline Katz, Madeline Klotz
Touro Law Review
No abstract provided.
Appellate Division, First Department - People V. Williams, Brian E. Peterson
Appellate Division, First Department - People V. Williams, Brian E. Peterson
Touro Law Review
No abstract provided.
Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney
Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney
Touro Law Review
Sex offenders are among the most loathed and detested members of our society. Over the past fifteen years, communities have zealously passed laws restricting the rights of sex offenders. These laws mandate that sex offenders register with authorities and severely limit where sex offenders may reside. This legislation is designed to foster an important goal: to protect the health and safety of children from possible recidivism from sex offenders. In 2007, the Town Board of Huntington, New York, passed a law barring sex offenders from renting or leasing accessory apartments within the Town. The health and safety of the town's …
When "Reasonableness" Is Not So Reasonable: The Need To Restore Clarity To The Appellate Review Of Federal Sentencing Decisions After Rita, Gall, And Kimbrough, Craig D. Rust
Touro Law Review
No abstract provided.
Harmonizing Equitable Exceptions: Why Courts Should Recognize An “Actual Innocence” Exception To The Aedpa’S Statute Of Limitations, Morgan Suder
San Diego Law Review
This Comment argues that to neutralize this potential inequality, the Supreme Court should affirm the Ninth Circuit’s recent decision in Lee v. Lampert, finding that a credible claim of actual innocence constitutes an equitable exception to the AEDPA’s one-year statute of limitations period. District courts must be able to call on their equitable powers, including both equitable principles already applied to the AEDPA’s statute of limitations as well as the actual innocence exception, in determining whether a district court may consider the merits of a criminal defendant’s otherwise untimely habeas petition.
Part II discusses the role of federal habeas corpus …
The Rise, Decline, And Fall (?) Of Miranda, Yale Kamisar
The Rise, Decline, And Fall (?) Of Miranda, Yale Kamisar
Washington Law Review
No abstract provided.
An Open Courts Checklist: Clarifying Washington's Public Trial And Public Access Jurisprudence, Jeanine Blackett Lutzenhiser
An Open Courts Checklist: Clarifying Washington's Public Trial And Public Access Jurisprudence, Jeanine Blackett Lutzenhiser
Washington Law Review
Fundamental to the American system of justice is the right to a public trial and a general presumption of openness in judicial proceedings. These values are reflected in the First and Sixth Amendments of the United States Constitution and in many state constitutions. Washington is one of a number of states whose constitution (unlike the U.S. Constitution) also explicitly guarantees the open administration of justice. Constitutional dilemmas arise when a party requests the closure of a courtroom or the sealing of documents. These requests force courts to harmonize values of open justice with other compelling interests. U.S. Supreme Court decisions …
Death Penalty, Josh D. Moore
Death Penalty, Josh D. Moore
Mercer Law Review
Between June 1, 2011 and May 31, 2012, the Georgia Supreme Court addressed several significant points of law in the context of death penalty litigation. The court grappled with two challenging speedy trial issues, one constitutional and the other statutory, in Phan v. State and Walker v. State, respectively. The court announced a new rule on the calculation of time limitations for impeachable convictions in Clay v. State. The court revisited the subject of burden of proof in mental retardation cases in Stripling v. State. And the court articulated a clear standard for evaluating prejudice in a …
The Offender And The Victim, Edward Tromanhauser
The Offender And The Victim, Edward Tromanhauser
Pepperdine Law Review
No abstract provided.
Emerging Issues In Victim Assistance, Marlene A. Young
Emerging Issues In Victim Assistance, Marlene A. Young
Pepperdine Law Review
No abstract provided.
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter
Pepperdine Law Review
No abstract provided.
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland
Pepperdine Law Review
No abstract provided.
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson
Pepperdine Law Review
No abstract provided.
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry
Pepperdine Law Review
No abstract provided.
Introduction, Ronald F. Phillips
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
Pepperdine Law Review
No abstract provided.
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Florida Law Review
“For years, defense lawyers have argued the ‘young and stupid’ semidefense for their youthful clients. Now, we can have the ‘I didn’t know it was on the hard drive’ objection for the unsophisticated computer user in child pornography cases—or at least they can in the 9th Circuit.” This quote, appearing on the website of an East Texas criminal defense law firm, refers to the outcome of United States v. Kuchinski. In Kuchinski, the defendant’s computer contained, in various forms, more than 15,000 images of child pornography. There was no question that Kuchinski’s volitional viewing of the images on the Internet …
Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship
Fair Funds And The Sec's Compensation Of Injured Investors, Verity Winship
Florida Law Review
The Fair Fund provision of Sarbanes-Oxley allows the SEC to distribute money penalties to injured investors, heralding a new compensatory role for the agency. The SEC has announced that it will direct money to injured investors whenever possible, but has not articulated clear priorities. This Article fills the gap by introducing terms of debate and proposing a framework for the SEC’s exercise of its discretion. The Article introduces the concept of “public class counsel,” a public actor that has the dual function of deterrence and victim compensation. The concept describes—and suggests limits to—the SEC’s role in a system in which …
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Qualified Immunitity: When Is A Loss Ultimately A Win?, Michael J. Hooi
Florida Law Review
No abstract provided.
Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller
Resolving A "Substantial Question": Just Who Is Entitled To Bail Pending Appeal Under The Bail Reform Act Of 1984?, Doug Keller
Florida Law Review
Under the Bail Reform Act of 1984, federal criminal defendants who wish to remain free on bail after conviction must prove that their appeal will have enough merit to raise at least one “substantial question.” Federal appellate courts, however, have been deeply divided over how much merit is required to show that an appeal will raise a “substantial question.” Ten circuits define the phrase as a “close question,” based on an implausible reading of the 1984 Bail Act’s legislative history. But the Ninth Circuit has interpreted the requirement to mean that a defendant must prove that his appeal will raise …
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
The Murder Rule That Just Won't Die: The Abolished Year-And-A-Day Rule Continues To Haunt The Florida Courts, Emily S. Wilbanks
Florida Law Review
On October 21, 1986, a two-month-old baby girl was admitted to a hospital in Pasco County, Florida. Baby Christina Ann Wells was unresponsive, was suffering from seizures, and needed assistance to breathe. Doctors observed large bruises on Christina’s head, including thumbprints on her tiny face. She had broken ribs, and the soft spot on her skull was noticeably bulging. Doctors likened some of Christina’s injuries to those commonly seen in drowning victims. However, Christina had not drowned; doctors determined that Christina’s bruises and the swelling on her brain were caused either by being shaken or by having her oxygen supply …
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Substantive Due Process: Sex Toys After Lawrence Williams V. Morgan, 478 F.3d 1316 (11th Cir. 2007), Michael J. Hooi
Florida Law Review
No abstract provided.
In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks
In Honor Of Walter O. Weyrauch: The Case For Overturning Williams V. Florida And The Six-Person Jury: History, Law, And Empirical Evidence, Alisa Smith, Michael J. Saks
Florida Law Review
After 700 years of common-law history and nearly 200 years of constitutional history, the Supreme Court concluded that the constitutionally permissible minimum jury size could not be inferred from the language or the history of the Constitution. The answer, said the Court in Williams v. Florida, could be found only through a “functional analysis” of the performance of smaller juries (that is, empirical examination of the behavior of different-sized juries). The Court implicitly abandoned that analysis in Ballew v. Georgia, when it held that juries with fewer than six members were unconstitutional-a decision based on nothing more than the ipse …
Bail Pending Trial: Changing Interpretations Of The Bail Reform Act And The Importance Of Bail From Defense Attorneys’ Perspectives, Clara Kalhous, John Meringolo
Bail Pending Trial: Changing Interpretations Of The Bail Reform Act And The Importance Of Bail From Defense Attorneys’ Perspectives, Clara Kalhous, John Meringolo
Pace Law Review
No abstract provided.