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12,080 full-text articles. Page 281 of 333.

Res Judicata: California V. Sims, Alan Saltzman 2013 Pepperdine University

Res Judicata: California V. Sims, Alan Saltzman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Parole Revocation Procedures In Kentucky, Harry J. Rothgerber Jr., J. W. Deese 2013 Pepperdine University

Parole Revocation Procedures In Kentucky, Harry J. Rothgerber Jr., J. W. Deese

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Summary Of Carter V. State, 129 Nev. Adv. Op. 26, Brittany Puzey 2013 Nevada Law Journal

Summary Of Carter V. State, 129 Nev. Adv. Op. 26, Brittany Puzey

Nevada Supreme Court Summaries

Whether a suspect who asks, “Can I get an attorney?” after he has been advised of his rights under Miranda , unambiguously invokes his right to counsel, and if so, whether the State can resume the interrogation of the suspect by reading him a second set of Miranda warnings and obtaining an otherwise valid waiver.


Summary Of Slaatte V. State, 129 Nev. Adv. Op. 23, David H. Rigdon 2013 Nevada Law Journal

Summary Of Slaatte V. State, 129 Nev. Adv. Op. 23, David H. Rigdon

Nevada Supreme Court Summaries

An appeal from a judgment of conviction that imposed restitution in an uncertain amount. Slaatte argued that Nevada law requires that a district court set a fixed amount of restitution when it determines that restitution is appropriate as part of a sentence.


Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson 2013 Pepperdine University

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


How Administrative Law Halted The Death Penalty In Maryland , Arnold Rochvarg 2013 Pepperdine University

How Administrative Law Halted The Death Penalty In Maryland , Arnold Rochvarg

Journal of the National Association of Administrative Law Judiciary

Numerous arguments have been raised to halt the death penalty, including constitutional claims such as ineffective assistance of counsel, equal protection, right to trial by jury, and cruel and unusual punishment. The winning argument, however, in Evans v. State, a Maryland death penalty appeal, was based not on constitutional or criminal law, but rather Administrative Law. A death row inmate attacked the validity of the procedures for administering lethal injection capital punishment because the Maryland Department of Corrections had not followed the proper statutory procedures for adopting the regulation which set forth the capital punishment process. In order for a …


Summary Of Gonzalez V. Dist. Ct., 129 Nev. Adv. Op. 22, Michael Esposito 2013 Nevada Law Journal

Summary Of Gonzalez V. Dist. Ct., 129 Nev. Adv. Op. 22, Michael Esposito

Nevada Supreme Court Summaries

This is an original writ of mandamus challenging the ruling of the Eight Judicial District Court of Nevada denying the motion to dismiss of the petitioner, Leopoldo Gonzalez. Gonzalez’s motion sought to dismiss criminal information under the Double Jeopardy Clause and collateral estoppel rule.


Summary Of Patterson V. State Of Nevada, 129 Nev. Adv. Op. No. 17, Brittnie Watkins 2013 Nevada Law Journal

Summary Of Patterson V. State Of Nevada, 129 Nev. Adv. Op. No. 17, Brittnie Watkins

Nevada Supreme Court Summaries

The Court considered an appeal from a jury verdict convicting the defendant of conspiracy to commit murder, murder with the use of a deadly weapon and discharging a firearm at a vehicle.


Summary Of Truesdell V. State, 129 Nev. Adv. Op. No. 20, Sean Africk 2013 Nevada Law Journal

Summary Of Truesdell V. State, 129 Nev. Adv. Op. No. 20, Sean Africk

Nevada Supreme Court Summaries

The Court considered an appeal from a judgment of conviction, pursuant to a jury verdict, of invasion of the home in violation of a temporary protection order.


Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship, Paul J. Litton 2013 University of Missouri School of Law

Physician Participation In Executions, The Morality Of Capital Punishment, And The Practical Implications Of Their Relationship, Paul J. Litton

Faculty Publications

Evidence that some executed prisoners suffered excruciating pain has reinvigorated the ethical debate about physician participation in lethal injections. In widely publicized litigation, death row inmates argue that the participation of anesthesiologists in their execution is constitutionally required to minimize the risk of unnecessary suffering. For many years, commentators supported the ethical ban on physician participation reflected in codes of professional medical organizations. However, a recent wave of scholarship concurs with inmate advocates, urging the law to require or at least permit physician participation.


Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle 2013 University of Michigan Law School

Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle

Articles

Countless academics have examined and discussed the importance of Chambers v. Mississippi in a multitude of areas including compulsory due process, admission of hearsay, third party guilt evidence, false confessions, racial evaluations of hearsay and witnesses, and morally reasonable verdicts. In contrast, this article attempts to excavate the account of a rural Mississippi community’s struggle for rights that underlies the U.S. Supreme Court decision in Chambers. On its face, the case has no link or reference to the civil rights movement. However, this paper reveals that local civil rights activists took armed, direct economic action for equal rights Woodville, Mississippi, …


The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel 2013 University of New Mexico School of Law

The Right To Counsel For Indians Accused Of Crime: A Tribal And Congressional Imperative, Barbara L. Creel

Michigan Journal of Race and Law

Native American Indians charged in tribal court criminal proceedings are not entitled to court appointed defense counsel. Under well-settled principles of tribal sovereignty, Indian tribes are not bound by Fifth Amendment due process guarantees or Sixth Amendment right to counsel. Instead, they are bound by the procedural protections established by Congress in the Indian Civil Rights Act of 1968. Under the Indian Civil Rights Act (ICRA), Indian defendants have the right to counsel at their own expense. This Article excavates the historical background of the lack of counsel in the tribal court arena and exposes the myriad problems that it …


Drawing The Line At Atkins And Roper: The Case Against Additional Categorical Exemptions From Capital Punishment For Offenders With Conditions Affecting Brain Function, Mark E. Coon 2013 West Virginia University College of Law

Drawing The Line At Atkins And Roper: The Case Against Additional Categorical Exemptions From Capital Punishment For Offenders With Conditions Affecting Brain Function, Mark E. Coon

West Virginia Law Review

No abstract provided.


Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum 2013 University of Arkansas Little Rock

Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum

The Journal of Appellate Practice and Process

No abstract provided.


Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell 2013 University of Arkansas Little Rock

Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell

University of Arkansas at Little Rock Law Review

No abstract provided.


Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study, Steven F. Shatz, Terry Dalton 2013 University of San Francisco School of Law

Challenging The Death Penalty With Statistics: Furman, Mccleskey, And A Single County Case Study, Steven F. Shatz, Terry Dalton

Cardozo Law Review

In the forty-year history of the Supreme Court's modern death penalty jurisprudence, two cases - Furman v. Georgia (1972) and McCleskey v. Kemp (1987) - stand out above all others. Both cases turned on the Court's consideration of empirical evidence, but they appear to have reached divergent - even altogether inconsistent - results. In Furman, the Court relied on statistical evidence that the death penalty was infrequently applied to death-eligible defendants to hold that the Georgia death penalty scheme was unconstitutional under the Eighth Amendment. In McCleskey, the Court, despite being presented with statistical evidence that race played …


Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?, Solange Mouthaan 2013 School of Law, University of Warwick

Victim Participation At The Icc For Victims Of Gender-Based Crimes: A Conflict Of Interest?, Solange Mouthaan

Cardozo Journal of International and Comparative Law

The International Criminal Court (ICC) faces significant challenges in implementing victim participation as mandated by the Rome Statute, particularly in cases involving gender-based crimes. While victim participation is a groundbreaking feature of the ICC, its current system is overly burdensome, inconsistent, and ineffective, undermining the Court's core purposes of retribution, deterrence, and restorative justice. The ICC's reliance on state contributions for reparations and its failure to prosecute gender-based crimes vigorously further exacerbate these issues, raising concerns about fairness and efficiency in international criminal justice.


The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability, Joelle D. Keypour 2013 Benjamin N. Cardozo School of Law

The Political Question Doctrine In Private Military Company Liability Cases: Defining Claims To Ensure Accountability, Joelle D. Keypour

Cardozo Journal of International and Comparative Law

The note argues that the political question doctrine should be narrowly applied to private military companies (PMCs) to ensure accountability while preserving the separation of powers. It critiques the inconsistent application of the Baker v. Carr six-factor test in PMC cases, which often shields these entities from liability. The proposed solution is a dual classification system for claims—distinguishing between commercial-related and combat-related activities—to provide clarity and prevent abuse of the doctrine. This approach aims to balance judicial oversight with respect for executive authority in sensitive military matters.


Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall 2013 Vanderbilt University Law School

Reclaiming Equality To Reframe Indigent Defense Reform, Lauren Sudeall

Vanderbilt Law School Faculty Publications

Equal access to resources is fundamental to meaningful legal representation, yet for decades, equality arguments have been ignored in litigating indigent defense reform. At a time when underfunded indigent defense systems across the country are failing to provide indigent defendants with adequate representation, the question of resources is even more critical. Traditionally, advocates seeking indigent defense reform have relied on Sixth Amendment arguments to protect the rights of indigents in this context; however, the Sixth Amendment approach suffers from a number of shortcomings that have made it a poor tool for systemic reform, including its exclusive focus on attorney performance …


Quasi-Judicial Prosecutors And Post-Conviction Claims Of Innocence: Granting Recusals To Make Impartiality A Reality, Rachel Pecker 2013 Benjamin N. Cardozo School of Law

Quasi-Judicial Prosecutors And Post-Conviction Claims Of Innocence: Granting Recusals To Make Impartiality A Reality, Rachel Pecker

Cardozo Law Review

No abstract provided.


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