Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (584)
- Touro University Jacob D. Fuchsberg Law Center (279)
- University of Michigan Law School (267)
- Seattle University School of Law (253)
- Yeshiva University, Cardozo School of Law (156)
-
- Washington and Lee University School of Law (133)
- UIC School of Law (85)
- BLR (67)
- University of Maine School of Law (57)
- Villanova University Charles Widger School of Law (56)
- Pepperdine University (49)
- University of Oklahoma College of Law (47)
- William & Mary Law School (41)
- University of Arkansas Little Rock (39)
- University at Buffalo School of Law (37)
- University of Colorado Law School (37)
- University of Richmond (33)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (31)
- University of Georgia School of Law (25)
- American University Washington College of Law (24)
- St. Mary's University (24)
- Georgia State University College of Law (23)
- Roger Williams University (23)
- Columbia Law School (22)
- Fordham Law School (22)
- University of Washington School of Law (22)
- Cornell University Law School (21)
- Georgetown University Law Center (21)
- Northwestern Pritzker School of Law (21)
- Pace University (20)
- Keyword
-
- Constitutional Law (215)
- Sixth Amendment (184)
- Fifth Amendment (156)
- Fourth Amendment (151)
- Criminal procedure (136)
-
- Constitution (131)
- Supreme Court (128)
- Due process (122)
- United States Supreme Court (116)
- Criminal Law and Procedure (109)
- New York (107)
- Evidence (104)
- Constitutional law (101)
- Criminal Procedure (100)
- Federal (100)
- Police (97)
- Right to counsel (93)
- Fourth amendment (86)
- Criminal law (78)
- Confrontation Clause (77)
- Criminal Law (77)
- Testimony (74)
- Privacy (73)
- Defendant (71)
- State (67)
- Miranda v. Arizona (62)
- Due Process (61)
- Search (61)
- Self-incrimination (60)
- Death penalty (59)
- Publication Year
- Publication
-
- Jurnal Hukum & Pembangunan (444)
- Touro Law Review (258)
- Seattle University Law Review (214)
- Michigan Law Review (154)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
-
- Articles (101)
- Faculty Scholarship (93)
- UIC Law Review (80)
- Cardozo Law Review (75)
- ExpressO (64)
- Maine Law Review (57)
- Villanova Law Review (1956 - ) (52)
- Pepperdine Law Review (48)
- Supreme Court Case Files (48)
- Washington and Lee Law Review (47)
- Publications (37)
- Faculty Articles (34)
- Buffalo Law Review (31)
- Scholarly Works (30)
- Faculty Publications (27)
- Seattle Journal for Social Justice (26)
- University of Arkansas at Little Rock Law Review (24)
- Law Faculty Scholarship (23)
- University of Richmond Law Review (22)
- Georgetown Law Faculty Publications and Other Works (21)
- St. Mary's Law Journal (20)
- West Virginia Law Review (20)
- Chicago-Kent Law Review (19)
- Indonesia Law Review (19)
- Nebraska Journal on Advancing Justice (19)
- Publication Type
- File Type
Articles 2641 - 2670 of 3077
Full-Text Articles in Constitutional Law
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Publications
No abstract provided.
Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar
Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar
Articles
Professor Yale Kamisar, the country's foremost scholar of Miranda and police interrogation, presents an analysis and critique of the Supreme Court's latest interpretation of Miranda. In Duckworth, a 5-4 Court upheld the "if and when" language systematically used by the Hammond, Indiana, Police Department: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court." The real issue was whether the police effectively conveyed the substance of a vital part of Miranda: the right to have a lawyer appointed prior to any questioning. Professor Kamisar …
Law And Consciousness, Charles A. Reich
The Prosecutor As "Minister Of Justice", Bennett L. Gershman
The Prosecutor As "Minister Of Justice", Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Times have changed. Today, prosecutors are on top of the world. Their powers are enormous, and constantly reinforced by sympathetic legislatures and courts. The "awful instruments of the criminal law," as Justice Frankfurter described the system,1 are today supplemented with broad new crimes, easier proof requirements, heavier sentencing laws, and an extremely cooperative judiciary, from district and state judges, to the highest Court in the land.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Broken Promises And Involuntary Confessions: May A State Introduce Incriminating Statements Made By A Defendant As A Result Of Promises In A Plea Bargain Agreement If The Defendant Breaches That Agreement?, Bradford Mank
Faculty Articles and Other Publications
There is a substantial constitutional question concerning whether admissions made pursuant to a plea bargain that the defendant has breached are admissible under the fifth amendment's privilege against compelled self-incrimination or the due process clauses of the fifth and fourteenth amendments. Courts have reached conflicting results in regard to whether such statements are voluntary.lo This Article argues that it is difficult to resolve whether such admissions are voluntary because courts have not provided a clear definition as to under what circumstances a confession is voluntary in accordance with the dictates of the fifth and fourteenth amendments.
Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman
Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman
Villanova Law Review (1956 - )
No abstract provided.
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
UIC Law Review
No abstract provided.
The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell
The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell
UIC Law Review
No abstract provided.
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
UIC Law Review
No abstract provided.
Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones
Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones
UIC Law Review
No abstract provided.
Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach
Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach
UIC Law Review
No abstract provided.
The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann
The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann
UIC Law Review
No abstract provided.
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Doctrine Of Inevitable Discovery: A Plea For Reasonable Limitations, Steven P. Grossman
The Doctrine Of Inevitable Discovery: A Plea For Reasonable Limitations, Steven P. Grossman
All Faculty Scholarship
In reinstating the Iowa murder conviction of Robert Williams, the Supreme Court accepted explicitly for the first time the doctrine of inevitable discovery. Applied for some time by state and federal courts, the doctrine of inevitable discovery is a means by which evidence obtained illegally can still be admitted against defendants in criminal cases. Unfortunately, the Court chose to adopt the doctrine without any of the safeguards necessary to insure that the deterrent impact of the exclusionary rule would be preserved, and in a form that is subject to and almost invites abuse.
This article warns of the danger to …
Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony
Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony
Cardozo Law Review
No abstract provided.
Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich
Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich
Cardozo Law Review
No abstract provided.
Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank
Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank
Faculty Articles and Other Publications
It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.
This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Touro Law Review
No abstract provided.
Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach
Touro Law Review
No abstract provided.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
UIC Law Review
No abstract provided.
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
UIC Law Review
No abstract provided.
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Touro Law Review
No abstract provided.
Casenotes: Constitutional Criminal Procedure — Self-Incrimination — Court May Compel Witnesses To Testify Before A Grand Jury Who Are Immune From Prosecution In The United States, But Amenable To Prosecution In A Foreign Jurisdiction. United States V. Under Seal, 794 F.2d 920 (4th Cir.), Cert. Denied, 107 S. Ct. 331 (1986), Ellen Beth Berkow
University of Baltimore Law Review
No abstract provided.
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
Touro Law Review
No abstract provided.
Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett
Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett
Vanderbilt Journal of Transnational Law
This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which …
The Fourth Amendment Today: A Bicentennial Appraisal, Wayne R. Lafave
The Fourth Amendment Today: A Bicentennial Appraisal, Wayne R. Lafave
Villanova Law Review (1956 - )
No abstract provided.
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Michigan Law Review
This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.
The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …
Mccleskey V. Kemp, Lewis F. Powell Jr.
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
Buffalo Law Review
No abstract provided.