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Articles 14011 - 14040 of 27909

Full-Text Articles in Criminal Law

The Rehnquist Court And The Death Penalty, Erwin Chemerinsky Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

Desert, Democracy, And Sentencing Reform, Alice Ristroph

Journal of Criminal Law and Criminology

No abstract provided.