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Articles 2551 - 2580 of 3077

Full-Text Articles in Constitutional Law

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins Jan 1992

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …


The Individualized-Consideration Principle And The Death Penalty As Cruel And Unusual Punishment, Ronald J. Mann Jan 1992

The Individualized-Consideration Principle And The Death Penalty As Cruel And Unusual Punishment, Ronald J. Mann

Faculty Scholarship

The Eighth Amendment to the United States Constitution prohibits infliction of "cruel and unusual punishments." The Supreme Court established the basic principles applying this amendment to the death penalty during a six-year period in the 1970's. First, in 1972, in Furman v. Georgia, the Court invalidated all then-existing death penalty statutes. Second, in 1976, in Gregg v. Georgia and its companions, the Court upheld some of the statutes promulgated in response to Furman but invalidated others. Finally, in 1978, in Lockett v. Ohio, the Court invalidated an Ohio statute because it failed to give the sentencer a sufficient …


Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg Dec 1991

Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg

Michigan Law Review

So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.


The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii Dec 1991

The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii

Michigan Law Review

This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …


The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing Oct 1991

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Articles

The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.


The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello Jul 1991

The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello

Florida State University Law Review

No abstract provided.


Constitutional Criminal Procedure, John L. Carroll Jul 1991

Constitutional Criminal Procedure, John L. Carroll

Mercer Law Review

In 1990 the United States Court of Appeals for the Eleventh Circuit was a court in transition. In the Fall of 1989, Judges Roney and Hill took senior status. Then in December of 1989, Judge Vance fell victim to a mail bomb which had been sent to his house. The court then entered 1990 with three vacancies and a tremendous workload. President Bush made appointments to fill two of those vacancies. Judge Birch joined the court on June 12, 1990, and Judge Dubina moved up from the district court of the Middle District of Alabama on October 5, 1990. Despite …


Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Jurisdiction Of The County Court Jan 1991

Jurisdiction Of The County Court

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Prohibition Against Use Of State Money For Private Undertaking Jan 1991

Prohibition Against Use Of State Money For Private Undertaking

Touro Law Review

No abstract provided.


Right To Counsel Jan 1991

Right To Counsel

Touro Law Review

No abstract provided.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Fourth, Fifth, And Sixth Amendments, William E. Hellerstein Jan 1991

Fourth, Fifth, And Sixth Amendments, William E. Hellerstein

Touro Law Review

No abstract provided.


Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan Jan 1991

Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks Jan 1991

Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks

UIC Law Review

No abstract provided.


Videotaped Reenactments In Civil Trials: Protecting Probative Evidence From The Trial Judge's Unbridled Discretion, 24 J. Marshall L. Rev. 433 (1991), Elizabeth A. Savage Jan 1991

Videotaped Reenactments In Civil Trials: Protecting Probative Evidence From The Trial Judge's Unbridled Discretion, 24 J. Marshall L. Rev. 433 (1991), Elizabeth A. Savage

UIC Law Review

No abstract provided.


Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack Jan 1991

Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack

UIC Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Speech Or Debate Clause Jan 1991

Speech Or Debate Clause

Touro Law Review

No abstract provided.


Federal Habeas Review Of New York Convictions: Relieving The Tensions, Roger J. Miner '56 Jan 1991

Federal Habeas Review Of New York Convictions: Relieving The Tensions, Roger J. Miner '56

Bar Associations

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1991

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1991

Double Jeopardy

Touro Law Review

No abstract provided.