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Articles 181 - 210 of 251
Full-Text Articles in Criminal Law
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Liberty Interests In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Scholarly Publications
No abstract provided.
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
In his engaging The Supreme Court and Juvenile Justice, political scientist Christopher P. Manfredi argues that Americans in the 1990s are still feeling the powerful and unintended consequences of a trilogy of Supreme Court decisions, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970). In Gault, the most famous of these cases, Justice Abe Fortas announced that it was time for the “constitutional domestication” of the nation’s juvenile courts and began this process by extending limited due process protection to offenders during adjudicatory hearings. Fortas believed that these protections would shield juveniles from unlimited …
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey
Publications
No abstract provided.
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding
Florida State University Law Review
No abstract provided.
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Criminal Law: Oklahoma's New Standard Of Proof In Competency Proceedings: Due Process, State Interests, And A Murderer Named Cooper--Cooper V. Oklahoma, Seth Branham
Oklahoma Law Review
No abstract provided.
The Irony Of Harmless Error, Charles S. Chapel
The Irony Of Harmless Error, Charles S. Chapel
Oklahoma Law Review
No abstract provided.
Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn
Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn
Scholarly Works
No abstract provided.
Section 1983 In The Second Circuit, Honorable George C. Pratt
Section 1983 In The Second Circuit, Honorable George C. Pratt
Touro Law Review
No abstract provided.
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn
Sexual Harassment On Campus: Does The Accused Have Any Rights?, Richard C. Cahn
Touro Law Review
No abstract provided.
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
Touro Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb
Cornell Law Faculty Publications
American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even …
Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines
Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines
St. Thomas Law Review
This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.
Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle
Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle
Vanderbilt Journal of Transnational Law
Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz
Articles by Maurer Faculty
No abstract provided.
Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991), Blackfeet Appellate Court
Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991), Blackfeet Appellate Court
Court Decisions
The Court of Appeals for the Blackfeet Indian Reservation dismissed the case against the defendant because he was denied his right to a speedy trial by jury. The Court found that the standard timeframe accepted by most courts for a speedy trial is 180 days, and Mancha was brought to trial after 284 days. The Court held that this delay in the trial date violated the defendant’s rights as defined in Rule 58, Chapter 9 of the Blackfeet Law and Order Code. The Court further ordered that the trial court implement a procedure at arraignment for documenting waiver of jury …
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Cornell Law Faculty Publications
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.
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Faculty Articles and Other Publications
Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …
Criminal Procedure—Charge Of Rape By Sexual Intercourse Sufficient To Convict Of Rape By Deviate Sexual Activity Under The Arkansas Rape Statute, Vickie A. Warner
Criminal Procedure—Charge Of Rape By Sexual Intercourse Sufficient To Convict Of Rape By Deviate Sexual Activity Under The Arkansas Rape Statute, Vickie A. Warner
University of Arkansas at Little Rock Law Review
No abstract provided.
Gates, Leon And The Compromise Of Adjudicatory Fairness: (Part Ii)-Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel J. Finer
Law Faculty Articles and Essays
This Article will offer an elaboration of the idea of judicial "aggressiveness" (which Professor Stone, by and large, leaves undefined) through examination of the majority opinion in United States v. Leon and its application in Massachusetts v. Sheppard. It will also advance the thesis that the majority in Leon exhibited a particular kind of aggressiveness--willful deafness.