Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (969)
- Seattle University School of Law (292)
- Touro University Jacob D. Fuchsberg Law Center (214)
- Washington and Lee University School of Law (207)
- University of Michigan Law School (179)
-
- Yeshiva University, Cardozo School of Law (175)
- UIC School of Law (100)
- American University Washington College of Law (88)
- Villanova University Charles Widger School of Law (82)
- University of Maine School of Law (70)
- BLR (68)
- Roger Williams University (56)
- Florida State University College of Law (52)
- University of Georgia School of Law (48)
- Fordham Law School (46)
- Pepperdine University (42)
- The University of Akron (42)
- Georgetown University Law Center (41)
- Northwestern Pritzker School of Law (41)
- Pace University (40)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (40)
- Vanderbilt University Law School (39)
- West Virginia University (38)
- William & Mary Law School (37)
- Columbia Law School (36)
- Brooklyn Law School (35)
- Maurer School of Law: Indiana University (34)
- Schulich School of Law, Dalhousie University (31)
- University at Buffalo School of Law (31)
- New York Law School (28)
- Keyword
-
- Constitutional Law (287)
- Criminal law (204)
- Criminal Law (179)
- Constitutional law (163)
- Constitution (136)
-
- Fourth Amendment (133)
- Death penalty (130)
- Criminal Law and Procedure (125)
- Supreme Court (124)
- Sixth Amendment (110)
- Due process (108)
- Eighth Amendment (107)
- Evidence (106)
- Fifth Amendment (97)
- Criminal procedure (85)
- Federal (83)
- New York (79)
- Sentencing (79)
- Capital punishment (78)
- Right to counsel (78)
- Criminal Procedure (72)
- Privacy (64)
- Law (62)
- Police (62)
- Due Process (60)
- Fourth amendment (60)
- State (59)
- Defendant (56)
- Punishment (54)
- Criminal (53)
- Publication Year
- Publication
-
- Jurnal Hukum & Pembangunan (693)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (253)
- Seattle University Law Review (246)
- Touro Law Review (179)
- Michigan Law Review (131)
-
- Faculty Scholarship (121)
- Supreme Court Case Files (98)
- UIC Law Review (95)
- Cardozo Law Review (75)
- Villanova Law Review (1956 - ) (73)
- Maine Law Review (68)
- ExpressO (65)
- Scholarly Works (64)
- Articles (50)
- Pepperdine Law Review (41)
- Faculty Publications (40)
- Georgetown Law Faculty Publications and Other Works (39)
- West Virginia Law Review (38)
- Washington and Lee Law Review (37)
- American University Law Review (36)
- Akron Law Review (34)
- Scholarly Publications (33)
- Fordham Law Review (32)
- Habeas Corpus Committee (30)
- Vanderbilt Law Review (29)
- Seattle Journal for Social Justice (28)
- Elisabeth Haub School of Law Faculty Publications (27)
- Articles, Book Chapters, & Popular Press (25)
- Buffalo Law Review (23)
- Scholarly Articles (23)
- Publication Type
- File Type
Articles 2911 - 2940 of 4033
Full-Text Articles in Criminal Law
International Child Abductions: The Challenges Facing America , Charles F. Hall
International Child Abductions: The Challenges Facing America , Charles F. Hall
ExpressO
International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …
Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele
Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele
West Virginia Law Review
No abstract provided.
The Right To Counsel In Criminal Cases: The Law And The Reality In Rhode Island District Court, Andrew Horwitz
The Right To Counsel In Criminal Cases: The Law And The Reality In Rhode Island District Court, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Crime Severity And Constitutional Line-Drawing, Eugene Volokh
Crime Severity And Constitutional Line-Drawing, Eugene Volokh
ExpressO
No abstract provided.
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf
ExpressO
No abstract provided.
Constitutional Interpretation And Coercive Interrogation After Chavez V. Martinez, John T. Parry
Constitutional Interpretation And Coercive Interrogation After Chavez V. Martinez, John T. Parry
ExpressO
Using the Supreme Court's decision last Term in Chavez v. Martinez as a launching pad, this article reveals and addresses fundamental tensions in constitutional interpretation, the law of interrogation, and civil rights litigation. First, this article highlights the importance of remedies to the definition of constitutional rights, which compels us to jettison the idea of prophylactic rules and accept Congress's role in constitutional interpretation. Armed with these insights, the article next considers the law of coercive interrogation. I explain why the privilege against self-incrimination is more than a trial right, and I redefine the central holding of Miranda to take …
The Botched Hanging Of William Williams: How Too Much Rope And Minnesota’S Newspapers Brought An End To The Death Penalty In Minnesota, John Bessler
All Faculty Scholarship
This article describes Minnesota's last state-sanctioned execution: that of William Williams, who was hanged in 1906 in the basement of the Ramsey County Jail. Convicted of killing a teenage boy, Williams was tried on murder charges in 1905 and was put to death in February of the following year. Because the county sheriff miscalculated the length of the rope, the hanging was botched, with Williams hitting the floor when the trap door was opened. Three deputies, standing on the scaffold, thereafter seized the rope and forcibly pulled it up until Williams - fourteen and half minutes later - died by …
Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson
Entrapment And The Problem Of Deterring Police Misconduct, Dru Stevenson
ExpressO
Many the states currently use a version of the entrapment defense known as the “objective test,” which focuses solely on the extent of police overreaching in the case, and seeks to deter police misconduct by acquitting the defendant. Acquitting defendants as a means of deterring undercover police misconduct, however, is a public policy fraught with problems, and these problems have not been adequately addressed in the literature to date. This article applies the insights of modern deterrence theory to wrongful activity by police in undercover operations. In doing so, three general problems emerge. First, the objective test relies on an …
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan
"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Facto Claims In State Courts, Wayne A. Logan
Scholarly Publications
This Article explores the history of the Ex Post Facto Clause, including the Supreme Court's seminal 1798 decision in Calder v. Bull, and analyzes the results of a survey of ex post facto claims decided in state courts from 1992-2002, the first study to catalog the types of claims generated among the states, and the institutional response of state courts to them. The author provides an overview of the claims resolved in state courts, examining the nature of the laws challenged, how the challenges fared, and the rationales used by courts in their dispositions. Discussion focuses on two abiding …
Brief Of International Law And Jurisdiction Professors As Amici Curiae Supporting Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 12, 2004), Barry E. Carter
Brief Of International Law And Jurisdiction Professors As Amici Curiae Supporting Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 12, 2004), Barry E. Carter
U.S. Supreme Court Briefs
No abstract provided.
Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning
Federalism And The Federal Prosecution Of State And Local Corruption, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill
UIC Law Review
No abstract provided.
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
UIC Law Review
No abstract provided.
How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer
Journal of Law and Health
This Note discusses the constitutionality of antireproduction restrictions as they relate to the purposes and goals of probation, in the context of the Talty, Oakley, and Tramnell decisions. This Note addresses the ramifications and implications of these restrictions in relation to the deadbeat parent crisis, and it proposes more adequate means to accomplish the competing goals of child welfare and adherence to constitutional doctrine. Section II introduces and dissects the fundamental right to procreate as it is found under two concepts: the right itself and the right to privacy. Section III discusses the purposes of probation, generally, and articulates two …
The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel
The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel
Cleveland State Law Review
In the summer of 2002, proponents of Issue 1 "The Ohio Drug Treatment Initiative," (hereafter referred to as the Initiative) succeeded in getting the proposal on the November ballot. The Initiative proposed an amendment to the Ohio Constitution that would have required courts to approve requests for treatment when made by eligible nonviolent drug offenders. The Amendment sought to (1) allocate a fixed amount of the state's General Revenue Fund to pay for the opening and operating of new treatment centers, (2) limit prison sentences for users and possessors to ninety days, and (3) provide for the sealing and expungement …
Proportionality Between Crimes, Offenses, And Punishments, James Headley
Proportionality Between Crimes, Offenses, And Punishments, James Headley
St. Thomas Law Review
Blackstone said of the Roman Empire, after it embraced unjust laws, "and then the Empire Fell. The United States Supreme Court embraces unjust laws and is inconsistent regarding substantive due process and proportionality in criminal cases, and substantive due process and proportionality in civil cases. The Due Process Clause and the Eighth Amendment's prohibition against cruel and unusual punishment require proportionality and fairness, meaning that the punishment must fit the crime, and that the penalty must be appropriate to the offense. Throughout a long history of jurisprudence, the Supreme Court has developed or embraced two varying theories of due process …
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Scholarly Works
No abstract provided.
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Indiana Law Journal
No abstract provided.
Pretextual Use Of Search Warrants In Federal White Collar Criminal Investigations Of Legitimate Businesses To Conduct Custodial Interrogations Of Targets, Employees, And Occupants: Can They Really Do That?, Patrick R. James, Matthew R. House
Pretextual Use Of Search Warrants In Federal White Collar Criminal Investigations Of Legitimate Businesses To Conduct Custodial Interrogations Of Targets, Employees, And Occupants: Can They Really Do That?, Patrick R. James, Matthew R. House
University of Arkansas at Little Rock Law Review
No abstract provided.
O Say, Can You See: Free Expression By The Light Of Fiery Crosses, Jeannine Bell
O Say, Can You See: Free Expression By The Light Of Fiery Crosses, Jeannine Bell
Articles by Maurer Faculty
This Article presents a comprehensive, context-based theory which both places cross burning in its proper doctrinal framework and recognizes the history of cross burning as one of Ku Klux Klan-inspired terrorism directed at African Americans. The author prefaces critical commentary on the Supreme Court's decision in Virginia v. Black with analysis of the full landscape of cross burning cases including another issue to which others have paid little attention - the ways in which state courts have negotiated First Amendment challenges to cross burning statutes. Thoroughly examining cross burning from each of these perspectives, the Article argues that cross burning …
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins
Scholarly Articles in Law Reviews & Journals
The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence nor the opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property, without due process of law[.]” While prosecutors may offer many justifications to support the practice of naming unindicted co-conspirators, these reasons …
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
A Double Due Process Denial: The Crime Of Providing Material Support Or Resources To Designated Foreign Terrorist Organizations, Randolph N. Jonakait
NYLS Law Review
No abstract provided.
The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes
The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Loose Not The Floodgates, Benjamin J. Cooper
Loose Not The Floodgates, Benjamin J. Cooper
Cardozo Journal of Equal Rights & Social Justice
The article examines the implications of the Supreme Court's decision in Lawrence v. Texas, which struck down sodomy laws, arguing that while the ruling was necessary, it raises concerns about the broader regulation of sexual conduct outside marriage. The author contends that such laws, despite rare enforcement, serve societal functions, including protecting marriage and providing moral boundaries that deter harmful behavior, particularly among young people.
The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr
The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr
Cardozo Journal of Equal Rights & Social Justice
The article critiques Justice Anthony Kennedy's majority opinion in Lawrence v. Texas for its lack of clarity and robust constitutional framework. While the decision overturned Texas's sodomy law, the author argues that Kennedy's reasoning conflated liberty and equality rights, relied on vague language, and failed to establish a clear legal standard, undermining its potential to provide strong protection for LGBTQ+ rights.
Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco
Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's decision in Lawrence v. Texas, which invalidated a Texas antisodomy statute criminalizing homosexual conduct. The Court held that the statute failed rational basis review and rejected the promotion of majoritarian sexual morality as a legitimate state interest. The decision reflects a broader recognition of the fundamental right to make autonomous, private, consensual, adult sexual choices. The analysis critiques Justice Scalia's dissent, arguing that his fears about the end of morals legislation are unfounded and that laws based solely on moral disapproval lack a rational basis.
The Jose Padilla Story, Donna R. Newman
The Free Speech Coalition & Adult Entertainment: An Inside View Of The Adult Entertainment Industry, Its Leading Advocate & The First Amendment, Clay Calvert, Robert Richards
The Free Speech Coalition & Adult Entertainment: An Inside View Of The Adult Entertainment Industry, Its Leading Advocate & The First Amendment, Clay Calvert, Robert Richards
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Post- Gideon Developments In Law And Lawyering, Timothy Everett
Post- Gideon Developments In Law And Lawyering, Timothy Everett
Faculty Articles and Papers
No abstract provided.