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All Articles in Criminal Law

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Ethics In Criminal Justice Ccg 333, Karen Morse 2019 University of Rhode Island

Ethics In Criminal Justice Ccg 333, Karen Morse

Library Impact Statements

No abstract provided.


International Criminal Court Comes Of Age, Nancy Amoury Combs 2019 William & Mary Law School

International Criminal Court Comes Of Age, Nancy Amoury Combs

Popular Media

No abstract provided.


United States V. Haymond: Brief Of Social Science And Law Scholars As Amici Curiae In Support Of Respondent, J. J. Prescott 2019 University of Michigan Law School

United States V. Haymond: Brief Of Social Science And Law Scholars As Amici Curiae In Support Of Respondent, J. J. Prescott

Appellate Briefs

Amici are eighteen scholars across six disciplines whose work includes the leading empirical studies of persons convicted of sexual offenses and the laws applied to them. The Appendix identifies them and describes their work.

Amici believe it critical that judicial decisions affecting constitutional rights be grounded on an accurate understanding of empirical realities. At the very least, they should not propagate misunderstandings. Unfortunately, such misunderstandings about the re-offense risk posed by people who have been convicted of sexual offenses are not only commonplace, but often traceable to language in early opinions of this Court. The Government invites the Court to …


Champions For Justice & Public Interest Auction 2019, Roger Williams University School of Law 2019 Roger Williams University

Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.


Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Case That Stirred The State Of Georgia, Donald E. Wilkes Jr. 2019 University of Georgia School of Law

The Case That Stirred The State Of Georgia, Donald E. Wilkes Jr.

Popular Media

In the second half of the 19th Century, hundreds of murders occurred in Georgia, but only two murder cases electrified the entire state. Both cases were the subject of massive amounts of publicity in Georgia newspapers, and for years both cases were ceaselessly talked about in every part of this state.

One of these two notable murder cases was the Woolfolk murder case, involving Tom Woolfolk, nicknamed Bloody Woolfolk, who in 1887 murdered nine members of his family with an axe in Bibb County and after two trials was hanged in 1890. In 1997, I published a book review in …


Lockett Symposium: For Sandra Lockett, Anthony G. Amsterdam 2019 The University of Akron

Lockett Symposium: For Sandra Lockett, Anthony G. Amsterdam

ConLawNOW

Tony Amsterdam, lead counsel for Sandra Lockett in the U.S. Supreme Court case Lockett v. Ohio, offers his reflections on the case.


Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Are You Experienced? 01-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Horror In Our Heads: Cultural Trauma Expert Testimony In U.S. Courts, Elizabeth Topolosky 2019 The University of Akron

The Horror In Our Heads: Cultural Trauma Expert Testimony In U.S. Courts, Elizabeth Topolosky

Akron Law Review

Over the past twenty years, the international criminal tribunals have increasingly relied upon expert testimony describing the intergenerational and cultural effects of mass trauma events in their decisions. The admission of such broad, generalized expert testimony is facilitated by permissive rules of evidence and the broad and complex scope of international criminal litigation. To date, few litigators have attempted to present American courts with similar expert testimony. This article explores the admissibility and uses of this kind of evidence in American legal forums and provides a how-to guide for practitioners hoping to use similar testimony to build their cases.


Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Special Issue, December 2018, 2019 James Madison University

Special Issue, December 2018

International Journal on Responsibility

Contents:

5 – 7 Terry Beitzel, Gjylbehare Muharti, and Hysen Nimani, Responsibility in the Balkans: Justice, Media and Arts.

8 – 22 Mujë Ukaj and Qendresa Jasharaj, International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court - de lege lata, de lege ferenda.

23 – 41 Avdullah Robaj and Sabiha Shala, Responsibility in Building Rule of Law: Kosovo Challenges.

42 – 54 Mujë Ukaj, The Irresponsible Persons: the Imposition and Execution of the Mandatory Treatment Measures on Criminal Procedure of Kosovo.

55 – 64 Gani Asllani, Bedri Statovci, and Gentiana Gega, Development and Protection of Economic …


Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Prioritizing The Welfare Of Youth: Design Failure In Juvenile Justice And Building The Restorative Alternative, Michael Friedman 2019 Mitchell Hamline School of Law

Prioritizing The Welfare Of Youth: Design Failure In Juvenile Justice And Building The Restorative Alternative, Michael Friedman

Mitchell Hamline Law Review

No abstract provided.


Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein 2019 Roger Williams University School of Law

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein

Law School Blogs

No abstract provided.


Franks (Kenneth) V. State, 135 Nev. Adv. Op. 1 (Jan. 3, 2019), Scott Whitworth 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Franks (Kenneth) V. State, 135 Nev. Adv. Op. 1 (Jan. 3, 2019), Scott Whitworth

Nevada Supreme Court Summaries

The Court reviewed whether a district court’s decision to allow the State to introduce prior incidents of uncharged sexual acts as evidence of the defendant’s propensity for committing sexual offenses violated NRS 48.045(3) and concluded such evidence as long as it is first evaluated for relevance and its heightened risk of unfair prejudice.


Teaching Justice-Connectivity, Michael Pinard 2019 University of Maryland Francis King Carey School of Law

Teaching Justice-Connectivity, Michael Pinard

Faculty Scholarship

This Essay conveys the importance of building in law students the foundation to recognize the various systems, institutions, and conditions that often crash into the lives of their clients, as well as the residents of the communities that are just outside law schools’ doors. It does so through proposing a teaching model that I call Justice-Connectivity. This model aims for students to understand and be humbled by the ways in which different institutions, systems, and strands of law converge upon, oppress, isolate, and shun individuals, families, and communities. The ultimate teaching lesson is that individuals, families, and communities are often …


Privatizing Criminal Procedure, John D. King 2019 Washington and Lee University School of Law

Privatizing Criminal Procedure, John D. King

Scholarly Articles

As the staggering costs of the criminal justice system continue to rise, states have begun to look for nontraditional ways to pay for criminal prosecutions and to shift these costs onto criminal defendants. Many states now impose a surcharge on defendants who exercise their constitutional rights to counsel, confrontation, and trial by jury. As these “user fees” proliferate, they have the potential to fundamentally change the nature of criminal prosecutions and the way we think of constitutional rights. The shift from government funding of criminal litigation to user funding constitutes a privatization of criminal procedure. This intrusion of market ideology …


From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl 2019 Washington and Lee University School of Law

From Timbuktu To The Hague And Beyond: The War Crime Of Intentionally Attacking Cultural Property, Mark A. Drumbl

Scholarly Articles

This essay refracts the criminal conviction and reparations order of the International Criminal Court (ICC) in the Al Mahdi case into the much broader frame of increasingly heated public debates over the protection, removal, defacement, relocation, display and destruction of cultural heritage in all forms: monuments, artefacts, language instruction, art and literature. What might the work product of the ICC in the Al Mahdi proceedings -- and international criminal law more generally -- add, contribute or excise from these debates? This essay speculatively explores connections between the turn to penal law to protect cultural property and the transformative impulses that …


Will The Supreme Court Rein In “Excessive Fines” And Forfeitures? Don’T Rely On Timbs V. Indiana, Nora V. Demleitner 2019 Washington and Lee University School of Law

Will The Supreme Court Rein In “Excessive Fines” And Forfeitures? Don’T Rely On Timbs V. Indiana, Nora V. Demleitner

Scholarly Articles

The U.S. Supreme Court’s decision in Timbs v. Indiana buoyed the hopes of those who saw it as a powerful signal to states and municipalities to rein in excessive fines and forfeitures. One commentator deemed it “a blow to state and local governments, for whom fines and forfeitures have become an important source of funds.” That may have been an overstatement. The Court seems disinclined to fill the term proportionality with robust meaning or wrestle with Eighth Amendment challenges to fines and fees. Those steps would be required for the Excessive Fines Clause to function as an effective backstop against …


Saving Justice: Why Sentencing Errors Fall Within The Savings Clause, 28 U.S.C. § 2255(E), Brandon Hasbrouck 2019 Washington and Lee University School of Law

Saving Justice: Why Sentencing Errors Fall Within The Savings Clause, 28 U.S.C. § 2255(E), Brandon Hasbrouck

Scholarly Articles

Notwithstanding the extent to which scholars, lawyers, and community organizers are broadening their contestations of the criminal justice system, they have paid insufficient attention to federal sentencing regimes. Part of the reason for this is that sentencing is a “back-end” criminal justice problem and much of our nation’s focus on criminal justice issues privileges “front-end” problems like policing. Another explanation might be that the rules governing sentencing are complex and cannot be easily rearticulated in the form of political soundbites. Yet sentencing regimes are a criminal justice domain in which inequalities abound—and in ways that raise profound questions about fairness, …


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