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Articles 421 - 450 of 469
Full-Text Articles in Criminal Procedure
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert
Some Caveats Concerning Dna As Criminal Identification Evidence: With Thanks To The Reverend Bayes, Richard Lempert
Cardozo Law Review
No abstract provided.
What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler
What Dna “Fingerprinting” Can Teach The Law About The Rest Of Forensic Science, Michael J. Saks, Jonathan J. Koehler
Cardozo Law Review
No abstract provided.
Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern
Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern
Cardozo Law Review
No abstract provided.
Aspects Of Interaction Between The Torah Law, The King’S Law, And The Noahide Law In Jewish Criminal Law, Arnold N. Enker
Aspects Of Interaction Between The Torah Law, The King’S Law, And The Noahide Law In Jewish Criminal Law, Arnold N. Enker
Cardozo Law Review
No abstract provided.
Self-Defense As A Justification For Punishment, George P. Fletcher
Self-Defense As A Justification For Punishment, George P. Fletcher
Cardozo Law Review
No abstract provided.
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.
The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato
The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato
Cardozo Law Review
No abstract provided.
Speaking And Writing Against Hate, Martha Minow
Speaking And Writing Against Hate, Martha Minow
Cardozo Law Review
No abstract provided.
In The Name Of The Law, Samuel Weber
The Adversarial System At Risk, Bennett L. Gershman
The Adversarial System At Risk, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …
The Fixed-Price Preemptive Right In The Community Land Trust Lease: A Valid Response To The Housing Crisis Or An Invalid Restraint On Alienation?, Christopher A. Seeger
The Fixed-Price Preemptive Right In The Community Land Trust Lease: A Valid Response To The Housing Crisis Or An Invalid Restraint On Alienation?, Christopher A. Seeger
Cardozo Law Review
No abstract provided.
Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies
Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies
Cardozo Law Review
No abstract provided.
When Will The Idling Statute Of Limitations Start Running In Rico Conspiracy Cases, Ellen Jancko-Baken
When Will The Idling Statute Of Limitations Start Running In Rico Conspiracy Cases, Ellen Jancko-Baken
Cardozo Law Review
No abstract provided.
Contradiction And Critical Legal Studies, David G. Carlson
Contradiction And Critical Legal Studies, David G. Carlson
Cardozo Law Review
No abstract provided.
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Articles
No abstract provided.
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb
Cardozo Law Review
No abstract provided.
The Thin Blue Line: Art Or Trial In The Fact-Finding Process?, Bennett L. Gershman
The Thin Blue Line: Art Or Trial In The Fact-Finding Process?, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Commentary objectively analyzes The Thin Blue Line, focusing on the film’s monologues, dramatizations, and exhibits. The film's organizational structure roughly parallels the stages of the criminal justice process, from the investigation and arrest of Adams to his trial, conviction, sentence, and post-conviction litigation. The prologue and epilogue unify the story. Part II attempts to explain the bizarre judicial result, focusing on the prosecutor's dominant role in the criminal justice process. It concludes, as does the film, that one of the fundamental features of our legal system - the intrinsic ability of the adversary process to discover …
Alcoholism, Intoxication, And The Criminal Law, Steven S. Nemerson
Alcoholism, Intoxication, And The Criminal Law, Steven S. Nemerson
Cardozo Law Review
No abstract provided.
A Barrel Without Hoops: The Impact Of Counterterrorism On Israel's Legal Culture, Pnina Lahav
A Barrel Without Hoops: The Impact Of Counterterrorism On Israel's Legal Culture, Pnina Lahav
Cardozo Law Review
No abstract provided.
Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson
Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson
Cardozo Law Review
No abstract provided.
Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner
Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner
Cardozo Law Review
No abstract provided.
Law And Consciousness, Charles A. Reich
Proving The Defendant's Bad Character, Bennett L. Gershman
Proving The Defendant's Bad Character, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The classic study of the American jury shows that when a defendant's criminal record is known and the prosecution's case has weaknesses, the defendant's chances of acquittal are thirty-eight percent, compared to sixty-five percent otherwise. Because of the danger that jurors will assume that the defendant is guilty based on proof that his bad character predisposes him to an act of crime, the courts and legislatures have attempted to circumscribe the use of such evidence. Some prosecutors, however, although well aware of the insidious effect such prejudicial evidence can have on jurors, violate the rules of evidence, as well as …
Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony
Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony
Cardozo Law Review
No abstract provided.
The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart
The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart
Cardozo Law Review
No abstract provided.
The Matsushita Case: Tightened Concepts Of Conspiracy And Predation, Randolph Sherman
The Matsushita Case: Tightened Concepts Of Conspiracy And Predation, Randolph Sherman
Cardozo Law Review
No abstract provided.
As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum
As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum
Cardozo Law Review
No abstract provided.
Preventive Detention, Curfews, Demolition Of Houses, And Deportations: An Analysis Of Measures Employed By Israel In The Administered Territories, Cheryl V. Reicin
Preventive Detention, Curfews, Demolition Of Houses, And Deportations: An Analysis Of Measures Employed By Israel In The Administered Territories, Cheryl V. Reicin
Cardozo Law Review
No abstract provided.
Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich
Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich
Cardozo Law Review
No abstract provided.
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …