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Articles 14011 - 14040 of 27909
Full-Text Articles in Criminal Law
The Rehnquist Court And The Death Penalty, Erwin Chemerinsky
The Rehnquist Court And The Death Penalty, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Faculty Scholarship
This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …
Novel Criminal Fraud, Samuel W. Buell
Novel Criminal Fraud, Samuel W. Buell
Faculty Scholarship
The crime of fraud has been underdescribed and undertheorized, both as a wrong and as a legal prohibition. These deficits contribute to contention and uncertainty over the practice of punishing white-collar crime. This Article provides a fuller account of criminal fraud, describing fraud law's open-textured, common-law, and adaptive qualities and explaining how fraud law develops along its leading edge while limiting violence to the legality principle. The legal system has a surprising, often overlooked methodology for resolving whether to treat novel commercial behaviors as frauds: Courts and enforcers often conduct an ex post examination of whether an actor's mental state …
The Commerce Power And Criminal Punishment: Presumption Of Constitutionality Or Presumption Of Innocence?, Margaret H. Lemos
The Commerce Power And Criminal Punishment: Presumption Of Constitutionality Or Presumption Of Innocence?, Margaret H. Lemos
Faculty Scholarship
The Constitution requires that the facts that expose an individual to criminal punishment be proved to a jury beyond a reasonable doubt. In recent years, the Supreme Court has taken pains to ensure that legislatures cannot evade the requirements of proof beyond a reasonable doubt and jury presentation through artful statutory drafting. Yet current Commerce Clause jurisprudence permits Congress to do just that. Congress can avoid application of the reasonable-doubt and jury-trial rules with respect to certain critical facts-the facts that establish the basis for federal action by linking the prohibited conduct to interstate commerce-by finding those facts itself rather …
Bucking Conventional Wisdom: The Montana Public Defender Act, Jessa Desimone
Bucking Conventional Wisdom: The Montana Public Defender Act, Jessa Desimone
Journal of Criminal Law and Criminology
No abstract provided.
Aedpa: The "Hype" And The "Bite", John H. Blume
Aedpa: The "Hype" And The "Bite", John H. Blume
Cornell Law Faculty Publications
On April 24, 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Thus, the AEDPA era began. While Clinton's presidential signing statement paid lip service to meaningful federal court review of state court convictions, AEDPA's supporters knew better. The fix was in, and happy habeas days were here again. But, as the old saying goes, "What if you gave a revolution and nobody came?" As I will argue, that is in many (but not all) respects what happened. In this Article, I have argued that AEDPA was, in many respects, more "hype" than "bite." For …
Causing Death For Compassionate Reasons In American Law, Richard Kay
Causing Death For Compassionate Reasons In American Law, Richard Kay
Faculty Articles and Papers
This essay, a revised version of the United States report on Euthanasia to be presented at the XVII International Congress of Comparative Law, surveys the state of the law, both decisional and statutory, on the permissibility of compassionately motivated actions to terminate human life. It deals with a range of legal categories: suicide, attempted suicide, euthanasia, assisted suicide and the termination of life-sustaining treatment. It highlights the deeply ambivalent attitudes held toward these actions in contemporary America and how this ambivalence has resulted in obscure and artificial distinctions.
On The Value Of Prison Visits With Incarcerated Clients Represented On Appeal By A Law School Criminal Defense Clinic, Timothy Everett
On The Value Of Prison Visits With Incarcerated Clients Represented On Appeal By A Law School Criminal Defense Clinic, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Stella Kenney: A Little Problem In Evidence, Richard H. Underwood
Stella Kenney: A Little Problem In Evidence, Richard H. Underwood
Law Faculty Scholarly Articles
In this article, Professor Richard H. Underwood explores the murder ballad entitled Stella Kenney. Stella Kenney (whose real name was Kinney) was from Carter County, Kentucky.
Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe
Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe
Journal of Criminal Law and Criminology
No abstract provided.
In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey
In Enron's Wake: Corporate Executives On Trial, Kathleen F. Brickey
Journal of Criminal Law and Criminology
No abstract provided.
The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming
The Potent And Broad-Ranging Implications Of The Accounting And Record-Keeping Provisions Of The Foreign Corrupt Practices Act, Stuart H. Deming
Journal of Criminal Law and Criminology
No abstract provided.
Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey
Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey
Journal of Criminal Law and Criminology
No abstract provided.
Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern
Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern
Journal of Criminal Law and Criminology
No abstract provided.
A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause
A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause
Journal of Criminal Law and Criminology
No abstract provided.
The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song
The Decline Of The Attorney-Client Privilege In The Corporate Setting, William R. Mclucas, Howard M. Shapiro, Julie J. Song
Journal of Criminal Law and Criminology
No abstract provided.
Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs
Health Care Fraud Under The New Medicare Part D Prescription Drug Program, Robert N. Rabecs
Journal of Criminal Law and Criminology
No abstract provided.
The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan
The Federal Criminal Code Is A Disgrace: Obstruction Statutes As Case Study, Julie R. O'Sullivan
Journal of Criminal Law and Criminology
No abstract provided.
Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger
Prison Time, Fines, And Federal White-Collar Criminals: The Anatomy Of A Racial Disparity, Max Schanzenbach, Michael L. Yaeger
Journal of Criminal Law and Criminology
No abstract provided.
Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson
Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson
Journal of Criminal Law and Criminology
No abstract provided.
Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport
Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport
Journal of Criminal Law and Criminology
No abstract provided.
Questionable Uses Of Canons Of Statutory Interpretation: Why The Supreme Court Erred When It Decided Any Only Means Some, Anthony L. Engel
Questionable Uses Of Canons Of Statutory Interpretation: Why The Supreme Court Erred When It Decided Any Only Means Some, Anthony L. Engel
Journal of Criminal Law and Criminology
No abstract provided.
Whiskey And The Wires: The Inadvisable Application Of The Wire Fraud Statute To Alcohol Smuggling And Foreign Tax Evasion, Jason S. Friedman
Whiskey And The Wires: The Inadvisable Application Of The Wire Fraud Statute To Alcohol Smuggling And Foreign Tax Evasion, Jason S. Friedman
Journal of Criminal Law and Criminology
No abstract provided.
Roper V. Simmons: The Collision Of National Consensus And Proportionality Review, Wayne Myers
Roper V. Simmons: The Collision Of National Consensus And Proportionality Review, Wayne Myers
Journal of Criminal Law and Criminology
No abstract provided.
Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith
Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith
Journal of Criminal Law and Criminology
No abstract provided.
Wilkinson V. Austin And The Quest For A Clearly Defined Liberty Interest Standard, Myra A. Sutanto
Wilkinson V. Austin And The Quest For A Clearly Defined Liberty Interest Standard, Myra A. Sutanto
Journal of Criminal Law and Criminology
No abstract provided.
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky
Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky
Journal of Criminal Law and Criminology
No abstract provided.
Anglo-American Privacy And Surveillance, Laura K. Donohue
Anglo-American Privacy And Surveillance, Laura K. Donohue
Journal of Criminal Law and Criminology
No abstract provided.
A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard
A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard
Journal of Criminal Law and Criminology
No abstract provided.
Desert, Democracy, And Sentencing Reform, Alice Ristroph
Desert, Democracy, And Sentencing Reform, Alice Ristroph
Journal of Criminal Law and Criminology
No abstract provided.