Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (532)
- Seattle University School of Law (211)
- University of Michigan Law School (190)
- Touro University Jacob D. Fuchsberg Law Center (175)
- Yeshiva University, Cardozo School of Law (106)
-
- UIC School of Law (57)
- University of Richmond (53)
- Washington and Lee University School of Law (50)
- Maurer School of Law: Indiana University (44)
- University of Maine School of Law (29)
- Pepperdine University (24)
- West Virginia University (23)
- BLR (22)
- St. Mary's University (22)
- University of Colorado Law School (20)
- University of Missouri-Kansas City School of Law (18)
- Brooklyn Law School (17)
- University of Miami Law School (17)
- Cornell University Law School (15)
- Georgia State University College of Law (15)
- University of Arkansas Little Rock (15)
- University of Georgia School of Law (15)
- Boston University School of Law (14)
- Notre Dame Law School (14)
- Brigham Young University Law School (13)
- Northwestern Pritzker School of Law (13)
- Pace University (12)
- Villanova University Charles Widger School of Law (12)
- William & Mary Law School (12)
- Georgetown University Law Center (11)
- Keyword
-
- Constitution (96)
- Federal (94)
- Courts (91)
- Supreme Court (85)
- Sixth Amendment (81)
-
- United States Supreme Court (75)
- Defendant (72)
- New York (67)
- Evidence (64)
- Criminal procedure (61)
- State (61)
- Due process (55)
- Police (55)
- Jury (50)
- Criminal law (49)
- Criminal Law and Procedure (48)
- Juries (45)
- Trial (45)
- Testimony (44)
- § 6 (44)
- Court of Appeals (43)
- Sentencing (43)
- Criminal justice (42)
- Witnesses (40)
- Fifth Amendment (39)
- Appellate Division (37)
- Court (36)
- Judges (36)
- Fourth Amendment (34)
- 1990) (31)
- Publication Year
- Publication
-
- Jurnal Hukum & Pembangunan (410)
- Seattle University Law Review (206)
- Touro Law Review (159)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Articles (93)
-
- Michigan Law Review (86)
- Faculty Scholarship (56)
- UIC Law Review (52)
- Cardozo Law Review (41)
- University of Richmond Law Review (41)
- Maine Law Review (29)
- Articles by Maurer Faculty (24)
- Scholarly Articles (22)
- West Virginia Law Review (22)
- ExpressO (21)
- Pepperdine Law Review (20)
- Publications (18)
- Faculty Publications (16)
- Cornell Law Faculty Publications (15)
- Indiana Law Journal (15)
- Georgia State University Law Review (14)
- St. Mary's Law Journal (12)
- Washington and Lee Law Review (12)
- BYU Law Review (11)
- Faculty Works (11)
- Georgetown Law Faculty Publications and Other Works (11)
- University of Michigan Journal of Law Reform (11)
- All Faculty Scholarship (10)
- Cardozo Journal of International and Comparative Law (10)
- Georgia Journal of International & Comparative Law (10)
- Publication Type
- File Type
Articles 1831 - 1860 of 2062
Full-Text Articles in Courts
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Dooley
Scholarly Works
Winford L. Stokes, Jr. and Theodore C. Harris had much in common. Both were death-row inmates in the late 1980s. Both were convicted of murder following bifurcated jury trials in which they later alleged that they had not received effective assistance of counsel as required by the federal Constitution. Both inmates sought collateral review of their convictions in federal courts. The similarities between them end there. Because Stokes had procedurally defaulted on his federal constitutional claim in state court under the law of Missouri, the federal appeals court refused to consider the merits of his federal constitutional claim.' Harris, on …
The Great Writ In Action: Empirical Light On The Federal Habeas Corpus Debate, Larry Yackle
The Great Writ In Action: Empirical Light On The Federal Habeas Corpus Debate, Larry Yackle
Faculty Scholarship
The national debate regarding federal habeas corpus for state prisoners is fueled in the main by ideology. To some, the authority of the federal courts to entertain constitutional challenges to state criminal convictions is the embodiment of all that was right about the Warren Court and the vision that Court offered of a meaningful system of American liberty, underwritten by independent federal tribunals willing and able to check the coercive power of government. By this account, the Bill of Rights is the protean source of safeguards for individual freedom - commanding generous, imaginative, and insightful elaboration by federal courts at …
Judicial "Pruning" Of "Garden Variety Fraud" Civil Rico Cases Does Not Work: It's Time For Congress To Act, Susan Getzendanner
Judicial "Pruning" Of "Garden Variety Fraud" Civil Rico Cases Does Not Work: It's Time For Congress To Act, Susan Getzendanner
Vanderbilt Law Review
After many years of effort, Congress actually may amend substantively the civil provisions of the Racketeer Influenced and Corrupt Organizations Act'-"RICO"-this year.' So I am delighted to accept the timely invitation of the Vanderbilt Law Review to add my view of how the law should be revised.My RICO perspective comes from my years as a federal district court judge in Chicago from 1980 to 1987, when I witnessed the real birth and growth of civil RICO.'
I am told by my co-panelist, Professor G. Robert Blakey, that for a time I had written more RICO opinions than any other judge …
Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger
Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger
UIC Law Review
No abstract provided.
Racism In The Adversary System: The Defendant's Use Of Peremptory Challenges, J. Alexander Tanford
Racism In The Adversary System: The Defendant's Use Of Peremptory Challenges, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
The Law And Psychology Of Jury Instructions, J. Alexander Tanford
The Law And Psychology Of Jury Instructions, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz
Touro Law Review
No abstract provided.
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Publications
No abstract provided.
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies
Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies
Cardozo Law Review
No abstract provided.
The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy
The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
In McNabb v. United States, the Supreme Court claimed- for the first time in its history-the prerogative of "establishing and maintaining civilized standards of procedure and evidence" in the exercise of "supervisory authority over the administration of criminal justice in the federal courts." Since then, the Court has used this self-declared oversight power on numerous occasions and for a wide variety of purposes, but it has never adequately explained either the provenance or the scope of this type of judicial authority. Lower federal courts have followed suit, on the largely unexamined assumption that they too are endowed with supervisory …
Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy
Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his failure to respond to …
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Cardozo Law Review
No abstract provided.
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Faculty Publications
No abstract provided.
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner
UIC Law Review
No abstract provided.
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore
Touro Law Review
No abstract provided.
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn
Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn
Touro Law Review
No abstract provided.
Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall
Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall
University of Richmond Law Review
Once a cornerstone of American jurisprudence, the requirement of prosecution based upon grand jury indictment no longer stands unchallenged. Instead, alternate means of commencing prosecution, most notably by information and the preliminary hearing, have prompted lawmakers to look at the grand jury with a heightened scrutiny. Subsequently, such alternatives have become the primary prosecutorial tools in many states. Virginia, however, retains the grand jury system which was implemented in colonial times.
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 …
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Articles
Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …