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Articles 361 - 390 of 784
Full-Text Articles in Criminal Law
Finally Some Improvement, But Will It Accomplish Anything? An Analysis Of Whether The Charitable Bail Bonds Bill Can Survive The Ethical Challenges Headed Its Way, Alex Petrossian
Fordham Urban Law Journal
No abstract provided.
The Commercial Sexual Exploiutation Of Minors, The First Amendment, And Freedom: Why Backpage.Com Should Be Prevented From Selling America's Children For Sex, Anna Makatche
Fordham Urban Law Journal
No abstract provided.
A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig
A Fair Trial: When The Constitution Requires Attorneys To Investigate Their Clients' Brains, Ellen G. Koenig
Fordham Urban Law Journal
The U.S. Constitution guarantees every criminal defendant the right to a fair trial. This fundamental right includes the right to a defense counsel who provides effective assistance. To be effective, attorneys must sometimes develop specific types of evidence in crafting the best defense. In recent years, the U.S. Supreme Court has found that defense attorneys did not provide effective assistance when they failed to consider neuroscience. But when must defense attorneys develop neuroscience in order to provide effective assistance? This question is difficult because the standard for determining effective assistance is still evolving. There are two leading approaches. First, in …
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks
Strange Bedfellows: How Expanding The Public Safety Exception To Miranda Benefits Counterterrorism Suspects, Geoffrey Corn, Chris Jenks
Fordham Urban Law Journal
No abstract provided.
Principles, Politics And Privilege: How The Crime-Fraud Exception Can Preserve The Strength Of The Attorney-Client Privilege For Government Lawyers And Their Clients, Michael W. Glenn
Fordham Urban Law Journal
No abstract provided.
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin
Community Control Over Camera Surveillance: A Response To Bennett Capers’S Crime, Surveillance, And Communities, Christopher Slobogin
Fordham Urban Law Journal
No abstract provided.
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez
Interrogation First, Miranda Warnings Afterward: A Critical Analysis Of The Supreme Court's Approach To Delayed Miranda Warnings, Joshua I. Rodriguez
Fordham Urban Law Journal
No abstract provided.
Aggregation And Urban Misdemeanors, Alexandra Natapoff
Aggregation And Urban Misdemeanors, Alexandra Natapoff
Fordham Urban Law Journal
The urban misdemeanor process relies on a wide variety of informal groupings and aggregations. Order maintenance police arrest large numbers of people based on neighborhood, age, race, and other generalizations. Prosecutors and public defenders resolve entire classes of minor plea bargains based on standard local practices and pricing. Urban courts process hundreds of cases en masse. At each stage, the pressure to aggregate—to treat people and cases by group—weakens and sometimes eliminates individuated scrutiny of defendants and the evidence in their cases; people are largely evaluated, convicted, and punished by category and based on institutional habit. This wholesale process of …
Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert
Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert
Fordham Urban Law Journal
No abstract provided.
Crime, Surveillance, And Communities, Bennett Capers
Crime, Surveillance, And Communities, Bennett Capers
Fordham Urban Law Journal
We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …
Policing, Protestors, And Discretion, Alafair Burke
Policing, Protestors, And Discretion, Alafair Burke
Fordham Urban Law Journal
No abstract provided.
Sustainable Institutional Development And Combating Trafficking In Persons Through The Lens Of The International Criminal Investigative Training Assistance Program (Icitap), Eric Beinhart
Journal of International and Comparative Law
No abstract provided.
In Treatment: Comparing The Legality Of Medical Marijuana Under American Law And Jewish Law, Michael Schultz
In Treatment: Comparing The Legality Of Medical Marijuana Under American Law And Jewish Law, Michael Schultz
Journal of International and Comparative Law
No abstract provided.
Different States: Huge Mistakes; The Pitfalls And Consequences Of Bringing International Defendants To The Wrong District, Michael Weinstock
Different States: Huge Mistakes; The Pitfalls And Consequences Of Bringing International Defendants To The Wrong District, Michael Weinstock
Journal of International and Comparative Law
No abstract provided.
Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein
Shakin' And Bakin': The Supreme Court's Remarkable Criminal Law Rulings Of The 1999 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The ‘Hart’ Of The (Mr.) Big Problem, Adelina Iftene
The ‘Hart’ Of The (Mr.) Big Problem, Adelina Iftene
Articles, Book Chapters, & Popular Press
In 2014, the Supreme Court of Canada in R v Hart reviewed the application and evidentiary consequences of Mr. Big operation. For the majority, Moldaver J. changed the common law confessions rule so that it applies in Mr. Big scenarios based on a two-pronged test. Immediately after Hart, the SCC rendered a new decision in R v Mack where the two pronged test was leniently applied in favour of the Crown. In this article I argue that the SCC approach in Hart and its application in Mack failed to address to the core problems that Mr. Big operations pose. It …
Targeted Killings By Drones: A Domestic And International Legal Framework, Catherine Lotrionte
Targeted Killings By Drones: A Domestic And International Legal Framework, Catherine Lotrionte
Journal of International and Comparative Law
No abstract provided.
Traffic Stop: How The United States Can Improve Its Efforts To Halt Sex Trafficking, Timothy Fisher
Traffic Stop: How The United States Can Improve Its Efforts To Halt Sex Trafficking, Timothy Fisher
Journal of International and Comparative Law
No abstract provided.
The Persistence Of Fatal Police Taserings, Part 2, Donald E. Wilkes Jr.
The Persistence Of Fatal Police Taserings, Part 2, Donald E. Wilkes Jr.
Popular Media
This article updates the author's previous article on the statistics on deaths resulting from police taserings.
The Uneven Playing Field: Ethical Disparities Between The Prosecution And Defense Functions In Criminal Cases, Thomas F. Liotti, Christopher Zeh
The Uneven Playing Field: Ethical Disparities Between The Prosecution And Defense Functions In Criminal Cases, Thomas F. Liotti, Christopher Zeh
Touro Law Review
No abstract provided.
Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland
Terry And Beyond: Testing The Underlying Assumption Of Reasonable Suspicion, Illya D. Lichtenberg, Alisa Smith, Michael Copeland
Touro Law Review
No abstract provided.
Law Professor's Sabbatical In District Attorney's Office, Bobby Marzine Harges
Law Professor's Sabbatical In District Attorney's Office, Bobby Marzine Harges
Touro Law Review
No abstract provided.
The Unpunishable Immorality, Ramzi Nasser
Criminal Court, New York County People V. Yablov, Daniel Henthorne
Criminal Court, New York County People V. Yablov, Daniel Henthorne
Touro Law Review
No abstract provided.
Criminal Court, Queens County New York, People V. Iftikhar, Aron Rattner
Criminal Court, Queens County New York, People V. Iftikhar, Aron Rattner
Touro Law Review
No abstract provided.
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein
Much Ado About Some Things: Fourth Amendment Rulings Dominate The Supreme Court’S Criminal Law Decisions In The 2000 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
American Exceptionalism In The International Order, Peter D. Trooboff
American Exceptionalism In The International Order, Peter D. Trooboff
Journal of International and Comparative Law
No abstract provided.
An Overview Of The Newly Adopted International Criminal Court Definition Of The Crime Of Aggression, Jennifer Trahan
An Overview Of The Newly Adopted International Criminal Court Definition Of The Crime Of Aggression, Jennifer Trahan
Journal of International and Comparative Law
No abstract provided.
The Lost Purpose Of The Doha Round, Raj Bhala
The Lost Purpose Of The Doha Round, Raj Bhala
Journal of International and Comparative Law
No abstract provided.
The Impact Of Padilla V. Kentucky On The Immigration Courts: Does The Potential For Vacating A Criminal Plea Effect Removal/Deportation Proceedings?, Hon. Dorothy A. Harbeck, M. Michelle Park, Yoonji Kim, J.D.
The Impact Of Padilla V. Kentucky On The Immigration Courts: Does The Potential For Vacating A Criminal Plea Effect Removal/Deportation Proceedings?, Hon. Dorothy A. Harbeck, M. Michelle Park, Yoonji Kim, J.D.
Journal of International and Comparative Law
No abstract provided.