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Articles 3121 - 3150 of 9824
Full-Text Articles in Legal Studies
Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson
Hamdi V. Rumsfeld: Judicious Balancing At The Intersection Of The Executive's Power To Detain And The Citizen-Detainee's Right To Due Process, James B. Anderson
Journal of Criminal Law and Criminology
No abstract provided.
A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell
A Walk In The Constitutional Orchard: Distinguishing Fruits Of Fifth Amendment Right To Counsel From Sixth Amendment Right To Counsel In Fellers V. United States, Justin Bishop Grewell
Journal of Criminal Law and Criminology
No abstract provided.
Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson
Everything Old Is New Again: Justice Scalia's Activist Originalism In Schriro V. Summerlin, Marc E. Johnson
Journal of Criminal Law and Criminology
No abstract provided.
All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood
All Or Nothing: The Supreme Court Answers The Question What's In A Name, Robert Nederhood
Journal of Criminal Law and Criminology
No abstract provided.
Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg
Illinois V. Lidster: Continuing To Carve Out Constitutional Vehicle Checkpoints, Jessica E. Nickelsberg
Journal of Criminal Law and Criminology
No abstract provided.
Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer
Dretke V. Haley And The Still Unknown Limits Of The Actual Innocence Exception, Eric Seinsheimer
Journal of Criminal Law and Criminology
No abstract provided.
Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss
Missouri V. Seibert: Two-Stepping Towards The Apocalypse, Stewart J. Weiss
Journal of Criminal Law and Criminology
No abstract provided.
More Than Zero: Accounting For Error In Latent Fingerprint Identification, Simon A. Cole
More Than Zero: Accounting For Error In Latent Fingerprint Identification, Simon A. Cole
Journal of Criminal Law and Criminology
No abstract provided.
The Cruikshank Redemption: The Enduring Rationale For Excluding The Second Amendment From The Court's Modern Incorporation Doctrine, David A. Lieber
The Cruikshank Redemption: The Enduring Rationale For Excluding The Second Amendment From The Court's Modern Incorporation Doctrine, David A. Lieber
Journal of Criminal Law and Criminology
No abstract provided.
Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan
Electronic Recording Of Custodial Interrogations: Everybody Wins, Thomas P. Sullivan
Journal of Criminal Law and Criminology
No abstract provided.
A Tribute To Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
Journal of Criminal Law and Criminology
No abstract provided.
Ripeness Of Self-Incrimination Clause Disputes, Michael J. Zydney Mannheimer
Ripeness Of Self-Incrimination Clause Disputes, Michael J. Zydney Mannheimer
Journal of Criminal Law and Criminology
No abstract provided.
It's Already Public: Why Federal Officers Should Not Need Warrants To Use Gps Vehicle Tracking Devices, John S. Ganz
It's Already Public: Why Federal Officers Should Not Need Warrants To Use Gps Vehicle Tracking Devices, John S. Ganz
Journal of Criminal Law and Criminology
No abstract provided.
A Minor Exception: The Impact Of Lawrence V. Texas On Lgbt Youth, Joseph J. Wardenski
A Minor Exception: The Impact Of Lawrence V. Texas On Lgbt Youth, Joseph J. Wardenski
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Richard Lindstrom, Peter Neumer
Criminal Law And Criminology: A Survey Of Recent Books, Richard Lindstrom, Peter Neumer
Journal of Criminal Law and Criminology
No abstract provided.
Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna
Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna
Journal of Criminal Law and Criminology
No abstract provided.
Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustlinik
Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustlinik
Journal of Criminal Law and Criminology
No abstract provided.
Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg
Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg
Journal of Criminal Law and Criminology
No abstract provided.
When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg
When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg
Journal of Criminal Law and Criminology
No abstract provided.
Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman
Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman
Journal of Criminal Law and Criminology
No abstract provided.
Enforcing The Fair Housing Act: Can Agency Interpretations Override Congressional Intent In Anti-Discrimination Legislation?, Francesca Laguardia
Enforcing The Fair Housing Act: Can Agency Interpretations Override Congressional Intent In Anti-Discrimination Legislation?, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
On October 12, 2005, the Southern District of New York ruled that the New York State Attorney General was enjoined from enforcing state laws prohibiting discriminatory lending against national banks.1 The court found in favor of the Office of the Comptroller of the Currency (OCC), the federal regulator of national banks. The OCC claimed that while state fair lending laws had not been preempted, the New York State Attorney General’s (OAG) authority to enforce those laws had been preempted by a series of federal statutes and OCC-written regulations that give the OCC exclusive authority to bring any enforcement action against …
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Part I of Judicial Selection: Ideology versus Character sets the stage for an argument that character and not political ideology should be the primary factor in the selection of judges. Political ideology has played an important role in judicial selection, from John Adams's entrenchment of federalists as judges after the election of 1800 to the Roosevelt's selection of progressives, liberals, and New Dealers, the contemporary era, from the failed nominations of Fortas, Haynsworth, Carswell to the defeat of Robert Bork, the narrow confirmation of Clarence Thomas. But until recently, political ideology has played its role behind the scenes--mostly off the …
Undue Hardship In The Bankruptcy Courts: An Empirical Assessment Of The Discharge Of Educational Debt, Rafael I. Pardo, Michelle R. Lacey
Undue Hardship In The Bankruptcy Courts: An Empirical Assessment Of The Discharge Of Educational Debt, Rafael I. Pardo, Michelle R. Lacey
Scholarship@WashULaw
The discharge in bankruptcy embodies the policy that relief should be granted to an individual who has ceased to be economically productive by virtue of burdensome debt obligations (the fresh start policy). Once the debtor has been deemed eligible for discharge, forgiveness of debt is automatic, accomplished through legislative rule and its judicial enforcement. With regard to the discharge of educational debt, however, Congress has devolved the exercise of debt relief to courts. An obligation to repay such debt will be discharged if a debtor establishes that undue hardship would be suffered in the absence of its discharge. A court …
Investment Banks As Fiduciaries: Implications For Conflicts Of Interest, Andrew F. Tuch
Investment Banks As Fiduciaries: Implications For Conflicts Of Interest, Andrew F. Tuch
Scholarship@WashULaw
Investment banks play an intermediary role in the financial system that is integral to its efficient operation. A core, and highly visible, part of their work involves providing financial advisory services to institutional clients on transactions that have strategic importance, such as mergers and acquisitions. As these services are but one aspect of the broad and diverse range of financial services that investment banks typically provide, challenges such as conflicts of interest inevitably arise. Somewhat anomalously, the question of whether these firms owe fiduciary duties to their clients when providing financial advisory services has received little regulatory, judicial or scholarly …
Reconciling Data Privacy And The First Amendment, Neil M. Richards
Reconciling Data Privacy And The First Amendment, Neil M. Richards
Scholarship@WashULaw
This article challenges the First Amendment critique of data privacy regulation–the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes by constitutionalizing information policy. Rejection of the First Amendment critique is justified on three grounds. First, the critique mistakenly equates privacy regulation with speech regulation. Building on scholarship examining the boundaries of First Amendment protection, this article suggests that speech restrictions in a wide variety of commercial contexts have never been thought to trigger heightened First Amendment scrutiny, refuting …
Disclosure As A Strategy In The Patent Race, Scott Baker, Claudio Mezzetti
Disclosure As A Strategy In The Patent Race, Scott Baker, Claudio Mezzetti
Scholarship@WashULaw
Research firms disclose a surprisingly large amount of information to the patent office through “targeted” disclosures, that is, disclosures intended to make the patent office aware of potentially patentable information. Conventional wisdom holds that these disclosures are made for defensive purposes; the disclosing firm does not itself plan to pursue patents related to the disclosed information, so the firm discloses to create prior art that might stop rivals from patenting. But firms have an incentive to disclose even if they intend to pursue patent protection. The reason is that, by making it more difficult to patent, disclosure extends the patent …
Empirically Testing Dworkin's Chain Novel Theory: Studying The Path Of Precedent, Stefanie A. Lindquist, Frank B. Cross
Empirically Testing Dworkin's Chain Novel Theory: Studying The Path Of Precedent, Stefanie A. Lindquist, Frank B. Cross
Scholarship@WashULaw
In this article, Professors Lindquist and Cross empirically study the effect of precedent on judicial decision-making. The framework for their analysis is Ronald Dworkin’s “chain novel” metaphor, an influential theory of the role of precedent whose validity has not previously been empirically tested. The chain novel metaphor suggests that the judicial use of precedent can be likened to a group of authors writing a novel seriatim, in which the accumulation of chapters increasingly constrains the choices and freedom of subsequent writers. Precedent is one of the most important areas of legal research, but currently there is no dominant working theory, …