Legal Studies Commons^™

Stretching Venue Beyond Constitutional Recognition, Todd Lloyd

Journal of Criminal Law and Criminology

No abstract provided.

The Sixth Amendment Right To Counsel And Its Underlying Values: Defining The Scope Of Privacy Protection, Martin R. Gardner

Journal of Criminal Law and Criminology

No abstract provided.

Docile Bodies--Chemical Restraints And The Female Inmate, Kathleen Auerhahn, Elizabeth Dermody Leonard

Journal of Criminal Law and Criminology

No abstract provided.

Small Favors: Chapter 154 Of The Antiterrorism And Effective Death Penalty Act, The States, And The Right To Counsel, Burke W. Kappler

Journal of Criminal Law and Criminology

No abstract provided.

Big Brother And His Science Kit: Dna Databases For 21st Century Crime Control, Paul E. Tracy, Vincent Morgan

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard E. Harcourt

Journal of Criminal Law and Criminology

No abstract provided.

The Unclearly Established Rule Against Unreasonable Searches And Seizures, Brian H. Chun

Journal of Criminal Law and Criminology

No abstract provided.

My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler

Journal of Criminal Law and Criminology

No abstract provided.

The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat

Journal of Criminal Law and Criminology

No abstract provided.

No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

An Actuarial Risk Assessment Of Violence Posed By Capital Murder Defendants, Jonathan R. Sorensen, Rocky L. Pilgrim

Journal of Criminal Law and Criminology

No abstract provided.

Constitutional Road Maps, Erik Luna

Journal of Criminal Law and Criminology

No abstract provided.

Supporting The Snakeheads: Human Smuggling From China And The 1996 Amendment To The U.S. Statutory Definition Of Refugee, Cleo J. Kung

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley

Journal of Criminal Law and Criminology

No abstract provided.

Gang Loitering And Race, Lawrence Rosenthal

Journal of Criminal Law and Criminology

No abstract provided.

On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons

Journal of Criminal Law and Criminology

No abstract provided.

Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

The Voice Of Willard Hurst, Alfred S. Konefsky

Journal Articles

No abstract provided.

Apres Apprendi, Nancy J. King, Susan R. Klein

Vanderbilt Law School Faculty Publications

The Court in Apprendi v. New Jersey, ___ U.S. ___ (2000), held as a matter of due process that any fact, other than a prior conviction, that increases the penalty for an offense beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt. In a longer forthcoming article, we attempt to answer some of the profound questions raised by the case concerning constitutional oversight of legislative authority to define what is a "crime," questions that will ripen over the years as legislatures look for ways around the rule and litigants test these legislative …

A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West

Faculty Scholarship

There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions. Many fear that capital trials put people on death row who don't belong there. Others say capital appeals take too long. This report – the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995) – suggests that both claims are correct.

Capital sentences do spend a long time under judicial review. As this study documents, however, judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught …

Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo

Scholarship@WashULaw

In two 1996 decisions involving equitable subordination of claims in bankruptcy cases, United States v. Noland and United States v. Reorganized CF&I Fabricators of Utah, Inc., the Supreme Court did not answer the question of whether a bankruptcy court must find creditor misconduct before it equitably subordinates a creditor's claim. This Note argues that the Court should have established a bright-line rule that requires such a finding, using prepetition, nonpecuniary loss tax penalty claims of the IRS as a model. After showing that, as codified in the Bankruptcy Code, the doctrine of equitable subordination requires a finding of creditor misconduct, …

Denying Access To Legal Representation: The Attack On The Tulane Environmental Law Clinic, Robert R. Kuehn

Scholarship@WashULaw

When people require assistance to advance public interests, rather than private interests, the lack of legal representation is even more severe—less than .001% of lawyers in the legal profession are public interest lawyers. “Although recent data are unavailable, the best available estimates suggest that the number of full-time public interest lawyers is less than one attorney for every 240,000 Americans.” Citizens advancing issues of public concern often have no choice but to turn for free assistance from law school professors or one of the nation’s law school clinics.

Clinical Education For This Millennium: The Third Wave, Peter A. Joy, Margaret Martin Barry, Jon C. Dubin

Scholarship@WashULaw

This article focuses on the continuing transformation of legal education and the role of clinical legal education in training competent, ethical practitioners. Part I examines the primary challenges that clinicians confronted in the past: to create a clinical legal education teaching methodology and to establish viable, enduring clinical programs in law schools throughout the country. Part II discusses a variety of different models for integrating clinical methodology either throughout the curriculum or as a core feature of the curriculum. Part III analyzes a variety of the most pressing challenges and opportunities for clinical legal education and the larger enterprise of …

The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn

San Diego Law Review

American society and law display a deep reverence for the group, as long as it assumes corporate or quasi-corporate form. This reverence is not fleeting; rather, it has deep historical roots. In fact, it was there before the republic came into being and it played a profound role in the founding of the nation. Moreover, these roots are not only traditional, but philosophical and religious as well. This Article explores those roots, with three goals in mind. First, to correct the mistaken notion that American law has historically demonstrated a commitment to the individual at the expense of the group, …