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Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka 2013 Seattle University School of Law

Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka

Seattle University Law Review

It is time to rethink character evidence. Long notorious as the most frequently litigated evidence issue, character doctrine plagues courts, trial lawyers, and law students with its infamously “grotesque” array of nonsensical rules, whimsical distinctions, and arcane procedures. Character is a calculation of social worth and value; it is the sum total of what others think of us, whether expressed as their own opinion or the collective opinions of many (reputation). Once we grasp that character is a social construct, we are in a better position to address some of the problems that plague evidence law. To provide needed clarity …


The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter 2013 Seattle University School of Law

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Seattle University Law Review

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …


Dirty Silver Platters: The Enduring Challenge Of Intergovernmental Investigative Illegality, Wayne A. Logan 2013 Florida State University College of Law

Dirty Silver Platters: The Enduring Challenge Of Intergovernmental Investigative Illegality, Wayne A. Logan

Scholarly Publications

This Essay addresses a longstanding concern in American criminal justice: that law enforcement agents of different governments will work together to evade a legal limit imposed by one of the governments. In the past, with the U.S. Supreme Court in the lead, courts were prone to closely scrutinize intergovernmental investigative efforts, on vigilant guard against what the Court called improper “working arrangements.” Judicial vigilance, however, has long since waned, a problematic development that has assumed added significance over time as investigations have become increasingly multijurisdictional and technologically sophisticated in nature.

The Essay offers the first comprehensive examination of this phenomenon …


An Argument Against Open-File Discovery In Criminal Cases, Brian P. Fox 2013 Notre Dame Law School

An Argument Against Open-File Discovery In Criminal Cases, Brian P. Fox

Notre Dame Law Review

This Note argues that, for the most part, open-file discovery proponents fail to recognize the added burden that defense counsel would face under a regime in which all items of the prosecution’s evidence are available for investigation by the defense. This is particularly true in the eighty to ninety percent of criminal cases where the defendant is indigent, and the court appointed defense counsel is operating under strict resource constraints.

This Note also argues that advocates of open-file discovery fail to recognize that in the majority of cases involving prosecutorial misconduct, the prosecutor’s intentional wrongdoing will be sufficient to overshadow …


Jeremy Horder's Homicide And The Politics Of Law Reform, Guyora Binder 2013 University at Buffalo School of Law

Jeremy Horder's Homicide And The Politics Of Law Reform, Guyora Binder

Book Reviews

No abstract provided.


The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon McCloud, Justice Susan Owens, Marc Boman, Joanne Moore 2013 Seattle University School of Law

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.


G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore 2013 Seattle University School of Law

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.


Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan 2013 Seattle University School of Law

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.


Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young 2013 Seattle University School of Law

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.


Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber 2013 Seattle University School of Law

Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber

Seattle Journal for Social Justice

No abstract provided.


Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi 2013 Seattle University School of Law

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.


About The Authors, 2013 Seattle University School of Law

About The Authors

Seattle Journal for Social Justice

No abstract provided.


Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin 2013 Assistant Attorney General, Criminal Litigation Section, Office of the Attorney General, Commonwealth of Virginia

Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin

University of Richmond Law Review

No abstract provided.


Precedent Or Problem?: Alameda County's Diversion Problem Policy For Youth Charged With Prostitution And The Case For A Policy Of Immunity, Janet C. Sully 2013 William & Mary Law School

Precedent Or Problem?: Alameda County's Diversion Problem Policy For Youth Charged With Prostitution And The Case For A Policy Of Immunity, Janet C. Sully

William & Mary Law Review

No abstract provided.


Table Of Contents, 2013 Seattle University School of Law

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.


Introduction, Jacqueline McMurtrie 2013 Seattle University School of Law

Introduction, Jacqueline Mcmurtrie

Seattle Journal for Social Justice

No abstract provided.


Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson 2013 Seattle University School of Law

Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson

Seattle Journal for Social Justice

No abstract provided.


Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz 2013 Seattle University School of Law

Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz

Seattle Journal for Social Justice

No abstract provided.


Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman 2013 Seattle University School of Law

Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Seattle Journal for Social Justice

No abstract provided.


Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns 2013 Seattle University School of Law

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.


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