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Criminal Procedure Commons™

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2002

Discipline
Institution
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Publication
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Articles 31 - 60 of 146

Full-Text Articles in Criminal Procedure

Criminal Consequences For Making Babies: Probation Conditions That Restrict Procreation, Rebecca L. Miles Sep 2002

Criminal Consequences For Making Babies: Probation Conditions That Restrict Procreation, Rebecca L. Miles

Washington and Lee Law Review

No abstract provided.


How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright Sep 2002

How The Supreme Court Delivers Fire And Ice To State Criminal Justice, Ronald F. Wright

Washington and Lee Law Review

No abstract provided.


Federal Criminal Prosecutions And The Right To Consular Notification Under Article 36 Of The Vienna Convention, Roberto Iraola Sep 2002

Federal Criminal Prosecutions And The Right To Consular Notification Under Article 36 Of The Vienna Convention, Roberto Iraola

West Virginia Law Review

No abstract provided.


Law Of The Case In Nevada: Confusing Relatives, Scott Doney Sep 2002

Law Of The Case In Nevada: Confusing Relatives, Scott Doney

Nevada Law Journal

No abstract provided.


Virtual Child Pornography: Criminal Conduct Or Protected Speech?, Daniel S. Armagh Aug 2002

Virtual Child Pornography: Criminal Conduct Or Protected Speech?, Daniel S. Armagh

Cardozo Law Review

No abstract provided.


Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft Aug 2002

Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft

Cardozo Law Review

No abstract provided.


Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts Aug 2002

Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts

Cardozo Law Review

No abstract provided.


Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter Aug 2002

Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter

Cardozo Law Review

No abstract provided.


Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr. Aug 2002

Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.

Michigan Law Review

What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …


The Blooding Of America: Privacy And The Dna Dragnet, Jeffrey S. Grand Aug 2002

The Blooding Of America: Privacy And The Dna Dragnet, Jeffrey S. Grand

Cardozo Law Review

No abstract provided.


Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Criminal Procedure, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Civil And Criminal Contempt Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Civil And Criminal Contempt Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Don't Forget What We're Fighting For: Will The Fourth Amendment Be A Casualty Of The War On Terror?, Heath H. Galloway Jun 2002

Don't Forget What We're Fighting For: Will The Fourth Amendment Be A Casualty Of The War On Terror?, Heath H. Galloway

Washington and Lee Law Review

No abstract provided.


Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony - A Prosecutor's Perspective, Lynn Helland Jun 2002

Proposed Amendments To Fed. R. Crim. P. 26: An Exchange: Remote Testimony - A Prosecutor's Perspective, Lynn Helland

University of Michigan Journal of Law Reform

Although the Supreme Court has declined, for now, to endorse the Judicial Conference proposal to add a Rule 26(b) of the Federal Rules of Criminal Procedure to permit live video testimony under limited circumstances, I agree with Professor Friedman that the matter is far from over. This is both because the potential benefits to be realized from the use of remote video testimony are too large to ignore and because, on closer inspection, any Confrontation Clause concerns that might underlie the Court's hesitation to adopt the proposal are not warranted. My purpose in writing is to summarize some of the …


Trends. Psychiatric Follies Continue: The Moussaoui Case, Ibpp Editor May 2002

Trends. Psychiatric Follies Continue: The Moussaoui Case, Ibpp Editor

International Bulletin of Political Psychology

This article describes several issues related to the evaluation of competency to stand trial for defendants accused of terrorism, in this case Zacarias Moussaoui.


Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway May 2002

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway

Cardozo Law Review

No abstract provided.


The Concept Of Equality In Civil Procedure, William B. Rubenstein May 2002

The Concept Of Equality In Civil Procedure, William B. Rubenstein

Cardozo Law Review

No abstract provided.


Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium, Wayne A. Logan May 2002

Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium, Wayne A. Logan

Michigan Law Review

For opponents of capital punishment, these would appear promising times. Not since 1972, when the Supreme Court invalidated the death penalty as then administered, has there been such palpable concern over its use, reflected in the lowest levels of public opinion support evidenced in some time. This concern is mirrored in the American Bar Association's recently recommended moratorium on use of the death penalty, the consideration of or actual imposition of moratoria in several states, and even increasing doubts voiced by high-profile political conservatives. An array of troubling empirical realities has accompanied this shift: persistent evidence of racial bias in …


Non-Citizen Offenders And Immigration Crimes: New Challenges In The Federal System, Nora V. Demleitner, Jon M. Sands Apr 2002

Non-Citizen Offenders And Immigration Crimes: New Challenges In The Federal System, Nora V. Demleitner, Jon M. Sands

Scholarly Articles

Not available.


Constitutional And Criminal Law—Eighth Amendment—Now You Can't Do That: Disproportionate Prison Sentences As Cruel And Unusual Punishment. Henderson V. Norris, 258 F.3d 706 (8th Cir. 2001)., Ray S. Pierce Apr 2002

Constitutional And Criminal Law—Eighth Amendment—Now You Can't Do That: Disproportionate Prison Sentences As Cruel And Unusual Punishment. Henderson V. Norris, 258 F.3d 706 (8th Cir. 2001)., Ray S. Pierce

University of Arkansas at Little Rock Law Review

No abstract provided.


U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Robert Stoll Apr 2002

U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Robert Stoll

Cardozo Journal of International and Comparative Law

The article emphasizes the critical role of effective intellectual property (IP) enforcement in fostering economic development, particularly in developing countries, and highlights the significant influence of U.S. industries and trade associations in shaping both domestic and international IP law and policy. It underscores the importance of collaboration between the private sector and government agencies like the U.S. Patent and Trademark Office (USPTO) in refining IP laws and addressing emerging challenges in areas such as biotechnology and digital innovation.


Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter Apr 2002

Chambers V. Mississippi: The Hearsay Rule And Racial Evaluations Of Credibility, Andrew Elliot Carpenter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Homicide In Aretaic Terms, Kyron J. Huigens Apr 2002

Homicide In Aretaic Terms, Kyron J. Huigens

Articles

No abstract provided.


United States V. Segers 271 F.3d 181 (4th Cir. 2001) Mar 2002

United States V. Segers 271 F.3d 181 (4th Cir. 2001)

Capital Defense Journal

No abstract provided.


Proportionality Review: Still Inadequate, But Still Necessary, Cynthia M. Bruce Mar 2002

Proportionality Review: Still Inadequate, But Still Necessary, Cynthia M. Bruce

Capital Defense Journal

No abstract provided.


Pritchett V. Commonwealth 557 S.E.2d 205 (Va. 2002) Mar 2002

Pritchett V. Commonwealth 557 S.E.2d 205 (Va. 2002)

Capital Defense Journal

No abstract provided.


Plea Bargaining And Convicting The Innocent: The Role Of The Prosecutor, The Defense Cousel, And The Judge, F. Andrew Hessick Iii Mar 2002

Plea Bargaining And Convicting The Innocent: The Role Of The Prosecutor, The Defense Cousel, And The Judge, F. Andrew Hessick Iii

Brigham Young University Journal of Public Law

No abstract provided.


The Preparatory Commission For The International Criminal Court, Valerie Oosterveld Mar 2002

The Preparatory Commission For The International Criminal Court, Valerie Oosterveld

Law Publications

As it becomes increasingly clear that the International Criminal Court will be set up in the near future, it is important to reflect on the work of the Preparatory Commission for the International Criminal Court. When the Rome Statute was being negotiated, it became very clear that additional documents would be necessary in order to create a fully functioning ICC. At the time, eight such documents were identified and included in Resolution F of the Final Act of the Rome Diplomatic conference. As work on these documents nears completion, States have begun to consider the practicalities of setting up the …


One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt Mar 2002

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana Lehr-Lehnardt

Brigham Young University Journal of Public Law

No abstract provided.


The (So-Called) Liability Of Criminal Defense Attorneys: A System In Need Of Reform, Meredith J. Duncan Mar 2002

The (So-Called) Liability Of Criminal Defense Attorneys: A System In Need Of Reform, Meredith J. Duncan

BYU Law Review

No abstract provided.