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Articles 1831 - 1860 of 3077

Full-Text Articles in Constitutional Law

Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk Nov 2012

Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk

Pepperdine Law Review

No abstract provided.


Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom Nov 2012

Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom

Pepperdine Law Review

No abstract provided.


The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing Nov 2012

The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing

Pepperdine Law Review

No abstract provided.


What Goes Around Comes Around-Nichols V. United States: Validating The Collateral Use Of Uncounseled Misdemeanor Convictions For The Purpose Of Sentence Enhancement, Andrea E. Joseph Oct 2012

What Goes Around Comes Around-Nichols V. United States: Validating The Collateral Use Of Uncounseled Misdemeanor Convictions For The Purpose Of Sentence Enhancement, Andrea E. Joseph

Pepperdine Law Review

No abstract provided.


Davis V. United States: "Maybe I Should Talk To A Lawyer" Means Maybe Miranda Is Unraveling, Tom Chen Oct 2012

Davis V. United States: "Maybe I Should Talk To A Lawyer" Means Maybe Miranda Is Unraveling, Tom Chen

Pepperdine Law Review

No abstract provided.


Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad Oct 2012

Cruel But Not So Unusual: Farmer V. Brennan And The Devolving Standards Of Decency, Stacy Lancaster Cozad

Pepperdine Law Review

No abstract provided.


Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii Oct 2012

Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii

Pepperdine Law Review

No abstract provided.


Wading In The Sargasso Sea: The Double Jeopardy Clause, Non-Capital Sentencing Proceedings, And California's "Three Strikes" Law Collide In Monge V. California, Michael Kline Oct 2012

Wading In The Sargasso Sea: The Double Jeopardy Clause, Non-Capital Sentencing Proceedings, And California's "Three Strikes" Law Collide In Monge V. California, Michael Kline

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Oct 2012

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


Due Process And The Post-Padilla Landscape: Balancing The Severity Of Deportation As A Collateral Consequence With A Court's Traditionally Narrow Obligation In Accepting A Plea, Orrie A. Levy Oct 2012

Due Process And The Post-Padilla Landscape: Balancing The Severity Of Deportation As A Collateral Consequence With A Court's Traditionally Narrow Obligation In Accepting A Plea, Orrie A. Levy

Cardozo Public Law, Policy & Ethics Journal

The article examines the implications of the Supreme Court's decision in Padilla v. Kentucky, which established that defense attorneys must inform defendants of the immigration consequences of a guilty plea under the Sixth Amendment. It explores the tension between the Sixth Amendment right to effective assistance of counsel and the Fifth Amendment due process obligations of trial courts, highlighting that while Padilla mandates attorney advice on immigration consequences, courts are not required to inform defendants of such consequences. The article argues against extending due process obligations to include severe collateral consequences, emphasizing the impracticality of requiring courts to foresee …


Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman Oct 2012

Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman

All Faculty Scholarship

Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and who invoke their right to counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to judicial decisions that are inconsistent, make little sense, and permit police behavior that substantially diminishes the right to silence as described in Miranda …


The Fourth Amendment And The Stored Communications Act: Why The Warrantless Gathering Of Historical Cell Site Location Information Poses No Threat To Privacy , Kyle Malone Sep 2012

The Fourth Amendment And The Stored Communications Act: Why The Warrantless Gathering Of Historical Cell Site Location Information Poses No Threat To Privacy , Kyle Malone

Pepperdine Law Review

No abstract provided.


Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer Aug 2012

Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer

Touro Law Review

No abstract provided.


The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano Aug 2012

The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano

Touro Law Review

No abstract provided.


An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin Aug 2012

An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin

Touro Law Review

No abstract provided.


Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince Aug 2012

Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince

Touro Law Review

No abstract provided.


Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza Aug 2012

Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza

Touro Law Review

No abstract provided.


I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier Aug 2012

I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier

Touro Law Review

No abstract provided.


New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia Aug 2012

New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia

Touro Law Review

No abstract provided.


Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell Aug 2012

Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell

Touro Law Review

No abstract provided.


Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas Aug 2012

Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas

Touro Law Review

No abstract provided.


Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell Aug 2012

Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell

Touro Law Review

No abstract provided.


Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose Aug 2012

Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose

Touro Law Review

No abstract provided.


The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff Jul 2012

The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff

Pepperdine Law Review

No abstract provided.


Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan Jul 2012

Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan

Pepperdine Law Review

No abstract provided.


Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright Jul 2012

Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright

Pepperdine Law Review

No abstract provided.


Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman Jul 2012

Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman

Touro Law Review

No abstract provided.


The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen Jul 2012

The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen

Touro Law Review

No abstract provided.


It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier Jul 2012

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.