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Full-Text Articles in Courts

Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield Jan 1996

Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield

Indiana Law Journal

No abstract provided.


The Double Jeopardy Implications Of In Rem Forfeiture Of Crime-Related Property: The Gradual Realization Of A Constitutional Violation, Andrew L. Subin Jan 1996

The Double Jeopardy Implications Of In Rem Forfeiture Of Crime-Related Property: The Gradual Realization Of A Constitutional Violation, Andrew L. Subin

Seattle University Law Review

Over the past decade, the government has escalated its "war on drugs." Although the "war" has not decreased drug use or limited the availability of drugs on the street, the government continues to sacrifice the constitutional rights of its citizens in an effort to escalate the hostility. Since the "zero tolerance" policy of the Reagan Administration, the government has relied heavily on the forfeiture of property related to drug crimes as a tool to deter and punish the illegal distribution of drugs. The federal forfeiture statute, 21 U.S.C. § 881, allows the government to seize any property used to facilitate …


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Rule 609: Impeachment By Evidence Of Conviction Of Crime Jan 1996

Rule 609: Impeachment By Evidence Of Conviction Of Crime

Touro Law Review

No abstract provided.


The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy Jan 1996

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …


“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar Dec 1995

“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar

Cardozo Law Review

This Note will use the Waterfront Ordinance as a vehicle for examining the new heightened scrutiny standard introduced in Dolan. Part I provides an overview of takings jurisprudence and the traditional pre-Nollan and pre-Dolan standards, which were applied to determine whether an exercise of police power oversteps its bounds and interferes with private property rights guaranteed under the Fifth Amendment. Part II reviews the new standards espoused by the Supreme Court in Nollan and Dolan. Part III describes the purpose of New York City's 1993. Waterfront Zoning Ordinance and discusses its history, objectives, and provisions. Part …


The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers Oct 1995

The Capital Jury Project: Rationale, Design, And Preview Of Early Findings, William J. Bowers

Indiana Law Journal

Symposium: The Capital Jury Project


Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat Oct 1995

Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat

Indiana Law Journal

Symposium: The Capital Jury Project


Taking Capital Jurors Seriously, Craig Haney Oct 1995

Taking Capital Jurors Seriously, Craig Haney

Indiana Law Journal

Symposium: The Capital Jury Project


Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys Oct 1995

Cross-Overs-Capital Jurors Who Change Their Minds About The Punishment: A Litmus Test For Sentencing Guidelines, Marla Sandys

Indiana Law Journal

Symposium: The Capital Jury Project


The Capital Jury Project: The Role Of Responsibility And How Psychology Can Inform The Law, Steven J. Sherman Oct 1995

The Capital Jury Project: The Role Of Responsibility And How Psychology Can Inform The Law, Steven J. Sherman

Indiana Law Journal

Symposium: The Capital Jury Project


Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin Oct 1995

Should Juries And The Death Penalty Mix?: A Prediction About The Supreme Court's Answer, Christopher Slobogin

Indiana Law Journal

Symposium: The Capital Jury Project


How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans Oct 1995

How Juries Decide Death: The Contributions Of The Capital Jury Project, Valerie P. Hans

Indiana Law Journal

Symposium: The Capital Jury Project


Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann Oct 1995

Where's The Buck?: Juror Misperception Of Sentencing Responsibility In Death Penalty Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: The Capital Jury Project


Discretion In Capital Sentencing Instructions: Guided Or Misguided?, James Luginbuhl, Julie Howe Oct 1995

Discretion In Capital Sentencing Instructions: Guided Or Misguided?, James Luginbuhl, Julie Howe

Indiana Law Journal

Symposium: The Capital Jury Project


Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss Jul 1995

Thinking Clearly About Guilt, Juries, And Jeopardy, Stanton D. Krauss

Indiana Law Journal

No abstract provided.


Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber Apr 1995

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber

Cardozo Law Review

The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …


Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo Mar 1995

Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo

University of the District of Columbia Law Review

The grand jury in the United States is hailed by its proponents as an indispensable buffer of protection from malicious and unfounded prosecution by the State. Critics, however, liken the investigatory body to a rubber stamp of the prosecutor, analogous to early English grand jurors who were subject to the influences of the Monarch. Criticism of the grand jury often focuses on the grand jury's potential for oppression rather than protection of the individual.' In particular, it is the secrecy of the grand jury that sparks the most debate.'


Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan Jan 1995

Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan

Faculty Scholarship

No abstract provided.


Cruel & Unusual Punishment Jan 1995

Cruel & Unusual Punishment

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1995

Equal Protection

Touro Law Review

No abstract provided.


Private Loans Jan 1995

Private Loans

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.


Right To Cross-Examine Jan 1995

Right To Cross-Examine

Touro Law Review

No abstract provided.


Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim Jan 1995

Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim

UIC Law Review

No abstract provided.


Cruel & Unusual Punishment Jan 1995

Cruel & Unusual Punishment

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.