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Articles 6091 - 6120 of 7303
Full-Text Articles in Criminal Procedure
Dividends, Noncontractibility, And Corporate Law, William W. Bratton
Dividends, Noncontractibility, And Corporate Law, William W. Bratton
Cardozo Law Review
No abstract provided.
Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth
Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth
Cardozo Law Review
No abstract provided.
Reflections On The Pricing Of Shares, Robert W. Hamilton
Reflections On The Pricing Of Shares, Robert W. Hamilton
Cardozo Law Review
No abstract provided.
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti
Cardozo Law Review
No abstract provided.
Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart
Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart
West Virginia Law Review
No abstract provided.
United States V. Armstrong: Permissible Prosecutorial Discretion?, Robert C. Brand
United States V. Armstrong: Permissible Prosecutorial Discretion?, Robert C. Brand
Mercer Law Review
In United States v. Armstrong, the Supreme Court explicitly set forth the threshold requirement the defendant must meet in order to be entitled to discovery on a selective prosecution claim. There must be a credible showing that similarly situated persons of other races could have been prosecuted, but were not.
Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola
Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola
Cardozo Journal of International and Comparative Law
The article critiques the American adversarial criminal trial system, arguing that its focus on procedure and individual rights often hinders the pursuit of truth. While the system is deeply rooted in American cultural values, such as distrust of government and a commitment to individual liberties, its emphasis on adversarial contest rather than truth-seeking leads to inefficiencies and public dissatisfaction. The author highlights the tension between the system's theoretical commitment to justice and its practical limitations, particularly as illustrated by high-profile cases like the O.J. Simpson trial.
America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith
Cardozo Journal of International and Comparative Law
The note examines the legal and policy responses to terrorism, focusing on the tension between combating terrorism effectively and safeguarding civil liberties. It critiques the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and comparable international measures, arguing that while these laws aim to address the growing threat of terrorism, they risk infringing on constitutional rights and international cooperation. The analysis highlights the challenges of balancing security concerns with democratic values and the need for coordinated global strategies to counter terrorism.
On Multiculturalism, Concepts Of Crime, And The "De Minimis" Defense, Stanislaw Pomorski
On Multiculturalism, Concepts Of Crime, And The "De Minimis" Defense, Stanislaw Pomorski
BYU Law Review
No abstract provided.
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Michigan Law Review
So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …
Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold
Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold
UIC Law Review
No abstract provided.
Habeas Corpus And The New Federalism After The Anti-Terrorism And Effective Death Penalty Act Of 1996, 30 J. Marshall L. Rev. 337 (1997), Marshall J. Hartman, Jeanette Nyden
Habeas Corpus And The New Federalism After The Anti-Terrorism And Effective Death Penalty Act Of 1996, 30 J. Marshall L. Rev. 337 (1997), Marshall J. Hartman, Jeanette Nyden
UIC Law Review
No abstract provided.
The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur
The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur
UIC Law Review
No abstract provided.
New Opportunities For Defense Attorneys: How Record Preservation Requirements After The New Habeas Bill Require Extensive And Exciting Trail Preparation, 30 J. Marshall L. Rev. 389 (1997), Andrea D. Lyon
UIC Law Review
No abstract provided.
No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton
No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton
UIC Law Review
No abstract provided.
Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher
Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher
UIC Law Review
No abstract provided.
Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler
Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler
UIC Law Review
No abstract provided.
Race-Based Jury Nullification: Rebuttal (Part B), 30 J. Marshall L. Rev. 929 (1997), Charles P. Kocoras
Race-Based Jury Nullification: Rebuttal (Part B), 30 J. Marshall L. Rev. 929 (1997), Charles P. Kocoras
UIC Law Review
No abstract provided.
Race-Based Jury Nullification: Surrebuttal, 30 J. Marshall L. Rev. 933 (1997), Paul D. Butler
Race-Based Jury Nullification: Surrebuttal, 30 J. Marshall L. Rev. 933 (1997), Paul D. Butler
UIC Law Review
No abstract provided.
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
UIC Law Review
No abstract provided.
Cancelling Crime, Evan Tsen Lee
What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, 38 Wm. & Mary L. Rev. 487 (1997), Donald L. Beschle
What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, 38 Wm. & Mary L. Rev. 487 (1997), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker
Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker
UIC Law Review
No abstract provided.
Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr.
Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr.
UIC Law Review
No abstract provided.
Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii
Appendix To Guest Editor's Observations: A Proposal For A Consolidated Theft/Fraud Guideline, Frank O. Bowman Iii
Faculty Publications
Professor Frank Bowman proposed the following consolidated theft/fraud guideline to the U.S. Sentencing Commission in October 1997. The proposal is explained in detail in a forthcoming law review article, Coping With Loss”: A Re-Examination of Federal Economic Crime Sentencing Under the Guidelines, 51 Vanderbilt L. Rev. -- (April 1998).
"Three Strikes" And The Romero Case: The Supreme Court Restores Democracy, Michael Vitiello
"Three Strikes" And The Romero Case: The Supreme Court Restores Democracy, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson
Will The Punishment Fit The Victims? The Case For Pre-Trial Disclosure, And The Uncharted Future Of Victim Impact Information In Capital Jury Sentencing, José F. Anderson
All Faculty Scholarship
The United States Supreme Court decision in Payne v. Tennessee, upholding the use of victim impact statements in capital jury sentencing proceedings, marked one of the most dramatic reversals of a precedent in the history of United States constitutional jurisprudence. The decision in Payne expressly overruled Booth v. Maryland decided only four years earlier. The Booth case rejected the use of victim impact statements in capital sentencing cases that involved juries. In Payne, the Supreme Court made it clear that victims were entitled to offer, and juries were permitted to consider, the effect that a "death eligible" homicide had on …
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
A fundamental premise of the American criminal justice system is defense counsel's zealous professional advocacy. Representation of a criminal defendant to be effective must be vigorous. In administering a trial, judges have a duty to ensure a fair and orderly proceeding. On occasion, however, judges overstep the line and impede defense counsel's advocacy functions unfairly. This article describes some of the ways that trial judges may violate legal and ethical standards by improperly interfering with defense counsel's courtroom functions.
Guest Editor's Observations: Back To Basics: Helping The Commission Solve The "Loss" Mess With Old Familiar Tools, Frank O. Bowman Iii
Guest Editor's Observations: Back To Basics: Helping The Commission Solve The "Loss" Mess With Old Familiar Tools, Frank O. Bowman Iii
Faculty Publications
Roughly one-quarter of all convicted federal defendants are sentenced for some kind of economic crime.1 There is an emerging consensus that the provisions of the federal sentencing guidelines devoted to economic crime do not work very well, a consensus that has created a powerful momentum for significant change. This Issue of FSR is about whether the guidelines concerning economic offenses, principally §2B1.1 (Theft) and §2F1.1 (Fraud), should be materially altered, and if so, how. The debate that has been joined over this question is technically complex and philosophically challenging. There are disagreements over issues as particular as when collateral posted …
Concepts Of Culpability And Deathworthiness: Differentiating Between Guilt And Punishment In Death Penalty Cases, Phyllis L. Crocker
Concepts Of Culpability And Deathworthiness: Differentiating Between Guilt And Punishment In Death Penalty Cases, Phyllis L. Crocker
Law Faculty Articles and Essays
The punishment of death is supposed to be reserved for those defendants who commit the most grievous murders and deserve the most extreme punishment. It is constitutionally insufficient to conclude that because a defendant is guilty of committing murder, death is the only deserved punishment. The judgment that a defendant is one of the few who will be sentenced to death requires an inquiry that looks beyond the defendant's guilt to consider whether the defendant is worthy of a death sentence. This article argues that the distinction between a defendant's guilt and deathworthiness is so often obscured that defendants who …