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Articles 1 - 12 of 12

Full-Text Articles in Law

A Crisis For Women's Rights: Surveying Feticide Statutes For Content, Coverage, And Constitutionality, Lawrence J. Nelson Dec 2019

A Crisis For Women's Rights: Surveying Feticide Statutes For Content, Coverage, And Constitutionality, Lawrence J. Nelson

University of Denver Criminal Law Review

No abstract provided.


The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele Dec 2019

The Not So Great Writ: Constitution Lite For State Prisoners, Ursula Bentele

University of Denver Criminal Law Review

No abstract provided.


They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin Dec 2019

They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin

University of Denver Criminal Law Review

No abstract provided.


Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam Dec 2019

Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam

University of Denver Criminal Law Review

No abstract provided.


The Death Penalty As Incapacitation, Marah S. Mcleod Aug 2019

The Death Penalty As Incapacitation, Marah S. Mcleod

Marah McLeod

Courts and commentators give scant attention to the incapacitation rationale for capital punishment, focusing instead on retribution and deterrence. The idea that execution may be justified to prevent further violence by dangerous prisoners is often ignored in death penalty commentary. The view on the ground could not be more different. Hundreds of executions have been premised on the need to protect society from dangerous offenders. Two states require a finding of future dangerousness for any death sentence, and over a dozen others treat it as an aggravating factor that turns murder into a capital crime.

How can courts and commentators …


Due Process Supreme Court Appellate Division Jul 2019

Due Process Supreme Court Appellate Division

Touro Law Review

No abstract provided.


Due Process Pringle V. Wolfe (Decided 28, 1996) Jul 2019

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.


Due Process People V. Scott (Decided June 5, 1996) Jul 2019

Due Process People V. Scott (Decided June 5, 1996)

Touro Law Review

No abstract provided.


Supreme Court Queens County Jul 2019

Supreme Court Queens County

Touro Law Review

No abstract provided.


Double Jeopardy Jul 2019

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Supreme Court Appellate Division Second Department Jul 2019

Double Jeopardy Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Foreword: Abolition Constitutionalism, Dorothy E. Roberts Jan 2019

Foreword: Abolition Constitutionalism, Dorothy E. Roberts

All Faculty Scholarship

In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …