Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (969)
- Seattle University School of Law (292)
- Touro University Jacob D. Fuchsberg Law Center (214)
- Washington and Lee University School of Law (207)
- University of Michigan Law School (179)
-
- Yeshiva University, Cardozo School of Law (175)
- UIC School of Law (100)
- American University Washington College of Law (88)
- Villanova University Charles Widger School of Law (82)
- University of Maine School of Law (70)
- BLR (68)
- Roger Williams University (56)
- Florida State University College of Law (52)
- University of Georgia School of Law (48)
- Fordham Law School (46)
- The University of Akron (43)
- Pepperdine University (42)
- Georgetown University Law Center (41)
- Northwestern Pritzker School of Law (41)
- Pace University (40)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (40)
- Vanderbilt University Law School (39)
- West Virginia University (38)
- William & Mary Law School (37)
- Columbia Law School (36)
- Brooklyn Law School (35)
- Maurer School of Law: Indiana University (34)
- Schulich School of Law, Dalhousie University (31)
- University at Buffalo School of Law (31)
- New York Law School (28)
- Keyword
-
- Constitutional Law (287)
- Criminal law (204)
- Criminal Law (179)
- Constitutional law (163)
- Constitution (136)
-
- Fourth Amendment (133)
- Death penalty (131)
- Criminal Law and Procedure (125)
- Supreme Court (124)
- Sixth Amendment (110)
- Due process (108)
- Eighth Amendment (107)
- Evidence (106)
- Fifth Amendment (97)
- Criminal procedure (85)
- Federal (83)
- Capital punishment (79)
- New York (79)
- Sentencing (79)
- Right to counsel (78)
- Criminal Procedure (72)
- Privacy (64)
- Law (62)
- Police (62)
- Due Process (60)
- Fourth amendment (60)
- State (59)
- Defendant (56)
- Punishment (54)
- Criminal (53)
- Publication Year
- Publication
-
- Jurnal Hukum & Pembangunan (693)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (253)
- Seattle University Law Review (246)
- Touro Law Review (179)
- Michigan Law Review (131)
-
- Faculty Scholarship (121)
- Supreme Court Case Files (98)
- UIC Law Review (95)
- Cardozo Law Review (75)
- Villanova Law Review (1956 - ) (73)
- Maine Law Review (68)
- ExpressO (65)
- Scholarly Works (64)
- Articles (50)
- Pepperdine Law Review (41)
- Faculty Publications (40)
- Georgetown Law Faculty Publications and Other Works (39)
- West Virginia Law Review (38)
- Washington and Lee Law Review (37)
- American University Law Review (36)
- Akron Law Review (34)
- Scholarly Publications (33)
- Fordham Law Review (32)
- Habeas Corpus Committee (30)
- Vanderbilt Law Review (29)
- Seattle Journal for Social Justice (28)
- Elisabeth Haub School of Law Faculty Publications (27)
- Articles, Book Chapters, & Popular Press (25)
- Buffalo Law Review (23)
- Scholarly Articles (23)
- Publication Type
- File Type
Articles 3751 - 3780 of 4034
Full-Text Articles in Constitutional Law
The Response To Furman: Can Legislators Breathe Life Back Into Death, Carol Irvin, Howard E. Rose
The Response To Furman: Can Legislators Breathe Life Back Into Death, Carol Irvin, Howard E. Rose
Cleveland State Law Review
In the eighteen months since the Supreme Court of the United States struck down capital punishment in Furman v. Georgia twenty-three states have reinstated the death penalty. While the Supreme Court has not yet heard arguments concerning the constitutionality of these statutes, their validity will determine the fate of the forty-four persons currently awaiting execution in eight states. It is the purpose of this comment to consider the statutes reinstating capital punishment, in light of Furman.
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
Cleveland State Law Review
On May 14, 1973, the worst fear of at least one commentator was borne out by the opinion of the Supreme Court in Gagnon v. Scarpelli. Justice Powell, writing for the Court, recognized certain due process rights of the individual who has been convicted and placed on probation. The Court refused to adopt a per se right to representation by counsel as an element of due process in probation revocation proceedings, however. The opinion has left the meaning and importance of due process in grave doubt, has retarded the progression of penal-correctional reform, and has insured a heavy docket for …
Elevation Of Entrapment To A Constitutional Defense, Robert H. Thomson Iii
Elevation Of Entrapment To A Constitutional Defense, Robert H. Thomson Iii
University of Michigan Journal of Law Reform
The issue of entrapment arises initially as a defense when a person is accused of committing a criminal act in which government agents solicited, and perhaps actively participated in, the conduct for which the defendant stands accused. Classic entrapment situations occur when law enforcement officers, through agents or informers, solicit an illegal transaction, such as the sale of contraband. The evidence thereby obtained is used to support the prosecution of the individual accepting the solicitation. Solicitation is an important technique of law enforcement because evidence of illegal transactions is often impossible to obtain by other methods. Certain uses of solicitation …
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
Scholarly Works
Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
Articles
One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …
Fuller V. Oregon, Lewis F. Powell Jr.
Saxbe V. Washington Post, Lewis F. Powell Jr.
Saxbe V. Washington Post, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Pell V. Procunier, Lewis F. Powell Jr.
Smith V. Goguen, Lewis F. Powell Jr.
Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin
Buffalo Law Review
People ex rel. Galloway v. Skinner, 33 N.Y.2d 23, 300 N.E.2d 716, 347 N.Y.S.2d 178 (1973).
Criminal Law—Subdivision Of New York Loitering Statute Held Unconstitutionally Vague—The Effect Of Considerations Which Are Collateral To The "Vagueness" Problem., Kenneth Bersani
Buffalo Law Review
People v. Berck, 32 N.Y.2d 567, 300 N.E.2d 411, 347 N.Y.S.2d 33 (1973).
The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin
The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin
Cornell Law Faculty Publications
There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided …
Recent Developments, Law Review Staff
Recent Developments, Law Review Staff
Vanderbilt Law Review
The institution of criminal charges against critical or disfavored legislators by the King of England was the prime factor prompting the long struggle for parliamentary privilege and, in the context of the American system of separation of powers, is the predominant thrust of the speech or debate clause. If the privilege of legislative immunity is to perform its traditional function of permitting legislators to carry out their legislative functions without fear of prosecution or harrassment from the executive and judicial branches, it should be applied broadly to effectuate its intended purpose of preserving the independence of the legislature and public …
Constitutional Law - Criminal Law - Testimonial Immunity Adopted In Kastigar V. United States To Supplant Prior Federal Immunity Grants, Kathleen J. O'Neill
Constitutional Law - Criminal Law - Testimonial Immunity Adopted In Kastigar V. United States To Supplant Prior Federal Immunity Grants, Kathleen J. O'Neill
Loyola University Chicago Law Journal
No abstract provided.
Constitutional Law - Criminal Law - Absent A Knowing And Intelligent Waiver, No Person May Be Imprisoned For Any Offense Unless Represented By Counsel At Trial, Richard E. Weicher
Constitutional Law - Criminal Law - Absent A Knowing And Intelligent Waiver, No Person May Be Imprisoned For Any Offense Unless Represented By Counsel At Trial, Richard E. Weicher
Loyola University Chicago Law Journal
No abstract provided.
Constitutional Law - Criminal Law - Preindictment Identification Confrontation Held Not To Be Critical Stage Of The Prosecution Where The Accused's Right To Counsel Attaches, Charles A. Ryan
Loyola University Chicago Law Journal
No abstract provided.
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
Scholarly Publications
The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …
The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora
The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora
Villanova Law Review (1956 - )
No abstract provided.
The Government's Response To Hijacking, Benjamin O. Davis Jr.
The Government's Response To Hijacking, Benjamin O. Davis Jr.
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane
Villanova Law Review (1956 - )
No abstract provided.
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
Villanova Law Review (1956 - )
No abstract provided.
An Overview Of Administrative Due Process: Part I, O. John Rogge
An Overview Of Administrative Due Process: Part I, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi
Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi
Villanova Law Review (1956 - )
No abstract provided.
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Villanova Law Review (1956 - )
No abstract provided.
The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips
The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips
University of Michigan Journal of Law Reform
The confrontation clause is that language of the sixth amendment to the United States Constitution which provides, "[I]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him." Despite the seemingly absolute language of the confrontation clause, which would suggest that no hearsay evidence may be admitted against an accused in a criminal proceeding, its guarantee has been subject to exception. For example, when either a witness to an event or his testimony is shown to be unavailable, others will be allowed to testify as to the information which the declarant-witness has related …
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Cleveland State Law Review
On June 12, 1972, The United States Supreme Court held in Argersinger v. Hamlin, ... that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial. Although, all of the ramifications of this decision have not yet been felt, American Bar Association president, Robert W. Meserve has estimated that the decision will require the legal profession to provide representation in some additional two to four million cases per year for indigent defendants alone.
Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas
Villanova Law Review (1956 - )
No abstract provided.
An Overview Of Administrative Due Process: Part Ii, O. John Rogge
An Overview Of Administrative Due Process: Part Ii, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
Air Crimes: Perspective From The Cockpit, John J. O'Donnell
Air Crimes: Perspective From The Cockpit, John J. O'Donnell
Villanova Law Review (1956 - )
No abstract provided.
Skyjacking: Problems And Potential Solutions, Benjamin O. Davis Jr., Joel M. Gora, John B. Hannum, John T. Dailey
Skyjacking: Problems And Potential Solutions, Benjamin O. Davis Jr., Joel M. Gora, John B. Hannum, John T. Dailey
Villanova Law Review (1956 - )
No abstract provided.