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Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin 2017 John Marshall Law School

Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin

UIC Law Open Access Faculty Scholarship

One of the most fundamental norms in our judicial system is that courts need to hear from both parties on a legal issue before granting any form of legal relief. Nevertheless, rules of civil procedure permit a vulnerable party to appear in court ex parte (without prior notice to the other party), to obtain a temporary order prohibiting a wrongful action about to be taken that will cause irreparable harm. A classic example of this is when a person runs into court because a demolition crew is starting to set up to demolish a building they have built and claim …


Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson 2017 University of Oklahoma College of Law

Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson

Faculty Articles

In 1964, the comic world was introduced to its first physically disabled practicing attorney: Matt Murdock. Initially a proud graduate of "State College" and later more impressively pedigreed as a graduate of either Columbia or Harvard Law, Murdock supplemented his day job as attorney with a side of vigilante justice as Daredevil. In 2003, Murdock became the only attorney superhero to appear as the title character in a movie. A truly awful movie, yes, but a movie all the same. And then in 2015, thanks to the talents of Drew Goddard, Murdock became the star of a terrific television series. …


#Protestersrightsmatter: The Case Against Increased Criminal Penalties For Protesters Blocking Roadways, Caroline M. Moos 2017 Mitchell Hamline School of Law

#Protestersrightsmatter: The Case Against Increased Criminal Penalties For Protesters Blocking Roadways, Caroline M. Moos

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


From The Editor-In-Chief, Samantha Dos Santos 2017 American University Washington College of Law

From The Editor-In-Chief, Samantha Dos Santos

Criminal Law Practitioner

No abstract provided.


Mass Suppression: Aggregation And The Fourth Amendment, Nirej Sekhon 2017 Georgia State University College of Law.

Mass Suppression: Aggregation And The Fourth Amendment, Nirej Sekhon

Georgia Law Review

The FourthAmendment's exclusionary rule requires that
criminal courts suppress evidence obtained as a result of
an unconstitutionalsearch or seizure. The Supreme Court
has repeatedly stated that suppression is purely
regulatory, not remedial. Its only purpose is to deter
future police misconduct, not to remedy past privacy or
liberty harms suffered by the defendant. Exclusion, in
other words, is for the benefit of community members who
might, sometime in the future, be subject to police
misconduct like that endured by the defendant.
Exclusion's regulatory purpose would be greatly aided if
criminal courts could identify when a suppression motion
involved Fourth Amendment …


"Clientless" Prosecutors, Russell M. Gold 2017 Wake Forest University School of Law

"Clientless" Prosecutors, Russell M. Gold

Georgia Law Review

Class counsel and prosecutors have a lot more in
common than scholars realize. Because these lawyers
have to make decisions on their client's behalf that clients
would make in other contexts, they prompt substantial
concerns about lawyers' accountability to their clients.
Accordingly, there is a lot that each context can learn from
the other about how to hold these lawyers accountable.
This Article considers what criminal law can learn from
class action law. Its central insights are first that diffuse
entities comprised largely of apathetic individuals cannot
be expected to hold their lawyers accountable. And second,
to combat that accountability …


Book Review | Crimesong, Robert G. Lawson 2017 University of Kentucky College of Law

Book Review | Crimesong, Robert G. Lawson

Law Faculty Popular Media

No abstract provided.


Examining Rule 11(B)(1)(N) Error: Guilty Pleas, Appellate Waiver, And Dominguez Benitez, Leanna C. Minix 2017 Washington and Lee University School of Law

Examining Rule 11(B)(1)(N) Error: Guilty Pleas, Appellate Waiver, And Dominguez Benitez, Leanna C. Minix

Washington and Lee Law Review

No abstract provided.


Distorting Extortion: How Bribery And Extortion Became One And The Same Under The Hobbs Act, Sigourney Haylock 2017 Loyola Law School, Los Angeles

Distorting Extortion: How Bribery And Extortion Became One And The Same Under The Hobbs Act, Sigourney Haylock

Loyola of Los Angeles Law Review

No abstract provided.


Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio 2017 Cleveland-Marshall College of Law, Cleveland State University

Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio

Law Faculty Articles and Essays

Ahmad Al Faqi Al Mahdi, also known as Abou Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes for intentional attacks against ten religious and historic buildings and monuments. All the buildings that Al Mahdi was charged with attacking had been under UNESCO protection and most had been listed as world heritage sites.

The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian …


Bail Reform In Colorado: A Presumption Of Release, Joshua J. Luna 2017 University of Colorado Law School

Bail Reform In Colorado: A Presumption Of Release, Joshua J. Luna

University of Colorado Law Review

Interest in bail reform has ebbed and flowed in the United States since the 1960s. Recently, a condemning look at bail administration and pretrial detention across various jurisdictions has pushed bail reform to the policy forefront at both the national and state levels. In 2013, Colorado's General Assembly reformed its bail statute to decrease reliance on monetary bail and promote pretrial services programs in an attempt to prevent unnecessary pretrial detention of low-income defendants who present low risks for flight and threat to community safety. This reform was a much-needed step in the right direction. But the new bail statute …


The Miranda App: Metaphor And Machine, Andrew Ferguson, Richard Leo 2017 American University Washington College of Law

The Miranda App: Metaphor And Machine, Andrew Ferguson, Richard Leo

Scholarly Articles in Law Reviews & Journals

For fifty years, the core problem that gave rise to Miranda – namely, the coercive pressure of custodial interrogation – has remained largely unchanged. This article proposes bringing Miranda into the twenty-first century by developing a “Miranda App” to replace the existing, human Miranda warnings and waiver process with a digital, scripted computer program of videos, text, and comprehension assessments. The Miranda App would provide constitutionally adequate warnings, clarifying answers, contextual information, and age-appropriate instruction to suspects before interrogation. Designed by legal scholars, validated by social science experts, and tested by police, the Miranda App would address several decades of …


Dismissals As Justice, Anna Roberts 2017 Brooklyn Law School

Dismissals As Justice, Anna Roberts

Faculty Scholarship

No abstract provided.


Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne 2017 Indiana University School of Law-Indianapolis

Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne

SMU Science and Technology Law Review

No abstract provided.


Resolving Civil Forfeiture Disputes, Rishi Batra 2017 St. Mary’s University School of Law

Resolving Civil Forfeiture Disputes, Rishi Batra

Faculty Articles

Under a legal process known as civil asset forfeiture, state and federal laws allow law enforcement officials and the government to seize assets from individuals who are not charged with a crime if the property is suspected of being involved in criminal activity. This is true even if the owner of the property is not charged with the underlying crime. Indeed, in 2014, The Washington Post analyzed 400 cases in seventeen states that were examples of civil forfeiture during traffic stops. Police stopped motorists under the pretext of a minor traffic infraction, analyzed the intentions of motorists by assessing nervousness, …


Ministers Of Justice And Mass Incarceration, Lissa Griffin 2017 Pace Law School

Ministers Of Justice And Mass Incarceration, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

Over the past few years, scholars, legislators, and politicians have come to recognize that our current state of “mass incarceration” is the result of serious dysfunction in our criminal justice system. As a consequence, there has been significant attention to the causes of mass incarceration. These include the war on drugs and political decisions based on a “law and order” perspective. Congressional and state legislative enactments increased the financing of the expansion of police powers and provided for severely punitive sentencing statutes, thereby giving prosecutors uniquely powerful weapons in securing guilty pleas. All of this occurred as crime rates dropped. …


Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop 2017 UIC School of Law

Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop

UIC Law Review

No abstract provided.


Chapter 627: Not All Spice Is Nice, Kendall Fisher 2017 University of the Pacific, McGeorge School of Law

Chapter 627: Not All Spice Is Nice, Kendall Fisher

University of the Pacific Law Review

No abstract provided.


Sb 1052: Miranda Rights For Minors, Albert G. Mendoza 2017 University of the Pacific, McGeorge School of Law

Sb 1052: Miranda Rights For Minors, Albert G. Mendoza

University of the Pacific Law Review

No abstract provided.


Inconsistent Rationales For Capital Punishment Plus, Russell Christopher 2017 University of Tulsa College of Law

Inconsistent Rationales For Capital Punishment Plus, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


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