A Proposed Framework For Answering For The Lafler Question,
2013
Missouri State University
A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen
Criminal Law Practitioner
No abstract provided.
Do The Federal Courts Sweep Buie Clean?,
2013
American University Washington College of Law
Do The Federal Courts Sweep Buie Clean?, Jeffrey T. Wennar
Criminal Law Practitioner
No abstract provided.
From Selfies To Shackles: Why The Government May Be Able To Search Your Cell Phone Without A Warrant,
2013
American University Washington College of Law
From Selfies To Shackles: Why The Government May Be Able To Search Your Cell Phone Without A Warrant, Rochelle Brunot
Criminal Law Practitioner
No abstract provided.
From The Editors,
2013
American University Washington College of Law
From The Editors, Megan Petry, Joseph Hernandez
Criminal Law Practitioner
No abstract provided.
Drowned Out Without Discovery: Post-Conviction Procedural Inadequacy In An Era Of Habeas Deference,
2013
Habeas Corpus Resource Center
Drowned Out Without Discovery: Post-Conviction Procedural Inadequacy In An Era Of Habeas Deference, Rachel Cohen, Krista Dolan
Criminal Law Practitioner
No abstract provided.
D.C. Dui Disturbia: The Intended Policy And Its Explosive Effects,
2013
American University Washington College of Law
D.C. Dui Disturbia: The Intended Policy And Its Explosive Effects, Monika Mastellone
Criminal Law Practitioner
No abstract provided.
Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused,
2013
University of the Pacific, McGregor School of Law
Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya
Criminal Law Practitioner
No abstract provided.
A Requiem For Protest: Anglo-American Perspectives On Protest Post-9/11, 46 J. Marshall L. Rev. 455 (2013),
2013
UIC School of Law
A Requiem For Protest: Anglo-American Perspectives On Protest Post-9/11, 46 J. Marshall L. Rev. 455 (2013), Christopher Newman
UIC Law Review
No abstract provided.
Saving The Deific Decree Exception To The Insanity Defense In Illinois: How A Broad Interpretation Of Religious Command May Cure Establishment Clause Concerns, 46 J. Marshall L. Rev. 561 (2013),
2013
UIC School of Law
Saving The Deific Decree Exception To The Insanity Defense In Illinois: How A Broad Interpretation Of Religious Command May Cure Establishment Clause Concerns, 46 J. Marshall L. Rev. 561 (2013), Bella Feinstein
UIC Law Review
No abstract provided.
Innocent Until Presumed Guilty: Florida’S Mistreatment Of Mens Rea And The Presumption Of Innocence In Drug Possession Cases, 46 J. Marshall L. Rev. 1157 (2013),
2013
UIC School of Law
Innocent Until Presumed Guilty: Florida’S Mistreatment Of Mens Rea And The Presumption Of Innocence In Drug Possession Cases, 46 J. Marshall L. Rev. 1157 (2013), Sean Mullins
UIC Law Review
No abstract provided.
Potentiate Liability And Preventing Fault Attribution: The Intoxicated “Offender” And Anglo-American Dépecage Standardisations, 47 J. Marshall L. Rev. 57 (2013),
2013
UIC School of Law
Potentiate Liability And Preventing Fault Attribution: The Intoxicated “Offender” And Anglo-American Dépecage Standardisations, 47 J. Marshall L. Rev. 57 (2013), Alan Reed, Nicola Wake
UIC Law Review
No abstract provided.
Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013),
2013
UIC School of Law
Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper
UIC Law Review
No abstract provided.
The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence,
2013
University of Colorado Law School
The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey
Michigan Journal of Gender & Law
This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims ofintimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth. While the situation that gave rise to the battered womens movement in the 1970s is often presumed to …
The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia,
2013
American University, Washington College of Law
The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak
Richmond Journal of Global Law & Business
No abstract provided.
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not: On The Human Rights Of Kidnapped Seamen And Their Families,
2013
Barry University
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not: On The Human Rights Of Kidnapped Seamen And Their Families, Barry H. Dubner, Kimberly Chavers
Faculty Scholarship
No abstract provided.
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes,
2013
Indiana University Maurer School of Law
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Aviva A. Orenstein, Tamara Rice Lave
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …
Pharmageddon: A Statutory Solution To Curb Ohio's Prescription Abuse Problem,
2013
Cleveland State University
Pharmageddon: A Statutory Solution To Curb Ohio's Prescription Abuse Problem, Ed Woodworth
Journal of Law and Health
Prescription abuse in Ohio continues to be a serious and complex issue that should be addressed. Accordingly, Part II of this Note examines the background of prescription drug abuse generally. It identifies the dangers of prescription drug abuse, the cost drug abuse places on society, some reasons for prescription drug abuse, sources of prescription drugs, and discusses the current state and federal laws regarding prescription drug abuse and prescription reporting. Part III discusses the positive and negative aspects of H.B. 93 and Medical Rule 4731-11-11 and then offers proposals to more effectively prevent prescription drug abuse. Part IV discusses various …
Do You Know Where Your Dna Is? The Need For Dna Legislation In Ohio,
2013
Cleveland State University
Do You Know Where Your Dna Is? The Need For Dna Legislation In Ohio, Elizabeth Collins
Journal of Law and Health
This Note examines the several privacy and safety issues stemming from DNA theft. Part II discusses constitutional and common law regarding the abandonment of property, particularly under the Fourth Amendment, and explains how the Fourth Amendment does not protect individuals from DNA theft. Part III details the many consequences resulting from DNA theft. These risks, among countless others, include employment and insurance discrimination, family turmoil caused by paternity testing which is often inaccurate and conducted without consent, genetic stalking, security risks, and the unauthorized publication of personal medical information and ancestral information. Part IV examines DNA theft legislation adopted by …
Making The Fair Sentencing Act Retroactive: Just Think Of The Savings . . . Clause,
2013
Cleveland State University
Making The Fair Sentencing Act Retroactive: Just Think Of The Savings . . . Clause, Jeff Lazarus
Cleveland State Law Review
This article advocates for the retroactive application of the Fair Sentencing Act. Part II of this Article will detail the history of the federal crack cocaine sentencing laws, from 1986 through the passage of the Fair Sentencing Act. Part III will detail the recent cases dealing with attempts at retroactivity in the lower courts. Part IV outlines the Supreme Court’s holding in United States v. Dorsey, which was a ground-breaking step towards the FSA’s retroactive effect. Part V offers arguments in support of retroactivity. Part VI offers legal challenges in which inmates can seek relief in the courts. In Part …
Striking A Balance: Why Ohio's Felony-Arrestee Dna Statute Is Unconstitutional And Ripe For Legistlative Action,
2013
Cleveland State University
Striking A Balance: Why Ohio's Felony-Arrestee Dna Statute Is Unconstitutional And Ripe For Legistlative Action, Brendan Heil
Cleveland State Law Review
This Note argues that Ohio’s felony-arrestee DNA statute violates Article I, section 14 of the Ohio Constitution and the Fourth Amendment to the United States Constitution. The initial physical swab and the subsequent database searches of an arrestee’s DNA sample, while the arrestee is in custody or being prosecuted, do not violate the Fourth Amendment. However, the inclusion of an innocent person’s DNA in Ohio’s DNA database, subject to repeated searches over time, violates both the Ohio and federal constitutional protections against unreasonable searches. Broadly written DNA statutes trample people’s civil rights, and more carefully drawn legislation could meet the …
