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Articles 1 - 13 of 13

Full-Text Articles in Law

Burdening Constitutional Rights: The Supreme Court's License To Prosecutors, Bennett L. Gershman Jul 2000

Burdening Constitutional Rights: The Supreme Court's License To Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The prosecutorial tactic of burdening a defendant’s exercise of constitutional rights has appeared in a variety of contexts. Prosecutors have asked juries to infer guilt based on a defendant’s decision not to testify, not to call witnesses, to remain silent after being given Miranda warnings, to go to trial, to secure the assistance of counsel, to refuse to consent to a warrantless search, and to testify. In all of these instances, courts have found the prosecutor’s remarks to constitute misconduct.


Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr. Mar 2000

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.


Self-Defense: The Equalizer, David B. Kopel, Linda Gorman Jan 2000

Self-Defense: The Equalizer, David B. Kopel, Linda Gorman

David B Kopel

Experiments in tightening gun-control laws have eroded the right of self defense and failed to stop serious crime. Studies Japan, the United Kingdom, Canada, and Australia.


The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds Jan 2000

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.


Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson Jan 2000

Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson

Trisha Olson

No abstract provided.


Getting Serious About Miranda In Minnesota: Criminal And Civil Sanctions For Failure To Respond To Requests For Counsel, Peter Erlinder Jan 2000

Getting Serious About Miranda In Minnesota: Criminal And Civil Sanctions For Failure To Respond To Requests For Counsel, Peter Erlinder

C. Peter Erlinder

No abstract provided.


The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel Jan 2000

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton Jan 2000

What Do You Do When You Meet A "Walking Violation Of The Sixth Amendment" If You're Trying To Put That Lawyer's Client In Jail?, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

For the purpose of this article, the relevance of my experience as a criminal defense attorney is this: if ever one might expect to find a prosecutor inclined to err on the side of fairness of process and protecting the rights of defendants, it ought to be me. Also, for more than twenty years, I have been something of a professional ethicist--as research fellow, teacher, staff member of an ethics center, chair and/or member of several institutional review boards, pro bono trial counsel to a disciplinary committee, ethics consultant, and expert witness--and, therefore, one might think, especially susceptible to the …


The Inefficiency Of Mens Rea, Claire Oakes Finkelstein Jan 2000

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


With An Evil Eye And An Unequal Hand: Pretextual Stops And Doctrinal Remedies To Racial Profiling, Wesley Oliver Dec 1999

With An Evil Eye And An Unequal Hand: Pretextual Stops And Doctrinal Remedies To Racial Profiling, Wesley Oliver

Wesley M Oliver

No abstract provided.


Public Order Laws After City Of Chicago V. Morales, Lawrence Rosenthal Dec 1999

Public Order Laws After City Of Chicago V. Morales, Lawrence Rosenthal

Lawrence Rosenthal

No abstract provided.


Gang Loitering And Race, Lawrence Rosenthal Dec 1999

Gang Loitering And Race, Lawrence Rosenthal

Lawrence Rosenthal

The decision of the United States Supreme Court in City of Chicago v. Morales, which invalidating Chicago's gang-loitering ordinance, provides a road map for future public order laws that can address inner-city crime. This article makes the argument for public order laws as an anti-gang initiative that stops short of an approach dependent on massive incarceration, and defends such laws against an attack on grounds of racial fairness. Relying on the work of leading urban sociologists, the article argues that gang crime powerfully attracts inner city (and disproportionately minority) youth, and that any strategy for crime reduction in the inner …


Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella Dec 1999

Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella

Stefan D Cassella

The article, written shortly after the Supreme Court decided Apprendi v. New Jersey, sets forth the arguments why the decision will not require the imposition of the reasonable doubt standard in criminal forfeiture cases, nor require that forfeiture matters be tried to a jury.