Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz,
2012
Columbia Law School
Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman
Faculty Scholarship
The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …
Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 88,
2011
Nevada Law Journal
Summary Of Rogers V. State, 127 Nev. Adv. Op. No. 88, Amanda Ireland
Nevada Supreme Court Summaries
An appeal from a district court denial of a petition for a writ of habeas corpus, with consideration of the scope and applicability of Graham v. Florida to a term-of-years sentence.
Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84,
2011
Nevada Law Journal
Summary Of State V. Dist. Ct., 127 Nev. Adv. Op. 84, Michelle Newman
Nevada Supreme Court Summaries
The Court considered the State’s petition for a writ of mandamus challenging the district court’s exclusion of blood alcohol test results obtained by retrograde extrapolation from the prosecution of defendant for driving under the influence.
Summary Of Toston V. State, 127 Nev. Adv. Op. 87,
2011
Nevada Law Journal
Summary Of Toston V. State, 127 Nev. Adv. Op. 87, Kendra Kisling
Nevada Supreme Court Summaries
The Court considered an appeal of a district court order denying a writ of habeas corpus.
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans,
2011
Duke Law
Alvarado Revisited: A Missing Element In Alaska’S Quest To Provide Impartial Juries For Rural Alaskans, Jeff D. May
Alaska Law Review
In Alvarado v. State, the Alaska Supreme Court declared that an impartial jury is a cross section of the community and that the community where the events at issue transpired must be represented in the jury. This decision spurred changes to jury selection procedures and the creation of Criminal Rule 18, an effort to ensure defendants from remote villages are judged by a jury representative of these rural areas. The Alaska Court of Appeals recently addressed an issue of first impression regarding the application of Criminal Rule 18. In Joseph v. State, the defendant was convicted of murdering his …
Aedpa's Ratchet: Invoking The Miranda Right To Counsel After The Antiterrorism And Effective Death Penalty Act,
2011
University of Washington School of Law
Aedpa's Ratchet: Invoking The Miranda Right To Counsel After The Antiterrorism And Effective Death Penalty Act, David Rubenstein
Washington Law Review
In Davis v. United States, the United States Supreme Court established a high standard to invoke the Miranda right to counsel, holding that a suspect must make a clear and unequivocal request for an attorney. Two years later, Congress passed the Antiterrorism and Effective Death Penalty Act (AEDPA), which created a highly deferential standard of review for state court judgments challenged under federal habeas corpus jurisdiction. Generally, a state prisoner challenging the alleged deprivation of his Miranda right to counsel may obtain federal court relief under AEDPA only if his conviction in state court was based on an “objectively …
Understanding New York's "Mode Of Proceedings" Muddle,
2011
University at Buffalo School of Law
Understanding New York's "Mode Of Proceedings" Muddle, Gary Muldoon
Buffalo Law Review
No abstract provided.
A Mosaic Shield: Maynard, The Fourth Amendment, And Privacy Rights In The Digital Age,
2011
Benjamin N. Cardozo School of Law
A Mosaic Shield: Maynard, The Fourth Amendment, And Privacy Rights In The Digital Age, Erin Smith Dennis
Cardozo Law Review
No abstract provided.
Criminal Law And Procedure,
2011
Criminal Litigation Section, Office of the Attorney General, Commonwealth of Virginia
Criminal Law And Procedure, Virginia B. Theisen
University of Richmond Law Review
Once more, the past year yielded a wealth of developments in the area of criminal law and procedure. The author has endeavored to cull the most significant decisions and legislative enactments, with an eye toward the "takeaway" from a case rather than a discussion of settled principles.
Notes On Borrowing And Convergence,
2011
American University, Washington College of Law
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Cornell Law Faculty Publications
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
Notes On Borrowing And Convergence,
2011
Boston University School of Law
Notes On Borrowing And Convergence, Robert L. Tsai, Nelson Tebbe
Faculty Scholarship
This is a response to Jennifer E. Laurin, "Trawling for Herring: Lessons in Doctrinal Borrowing and Convergence," 111 Colum. L. Rev. 670 (2011), which analyzes the Supreme Court's resort to tort-based concepts to limit the reach of the Fourth Amendment's exclusionary rule. We press three points. First, there are differences between a general and specific critique of constitutional borrowing. Second, the idea of convergence as a distinct phenomenon from borrowing has explanatory potential and should be further explored. Third, to the extent convergence occurs, it matters whether concerns of judicial administration or political reconstruction are driving doctrinal changes.
Summary Of Nunnery V. State, 127 Nev. Adv. Op. 69,
2011
Nevada Law Journal
Summary Of Nunnery V. State, 127 Nev. Adv. Op. 69, Sabrina Dolson
Nevada Supreme Court Summaries
The Court considers an appeal of a death penalty sentence for a first-degree murder conviction.
Summary Of Wilson V. State, 127 Nev. Adv. Op. 68,
2011
Nevada Law Journal
Summary Of Wilson V. State, 127 Nev. Adv. Op. 68, Aaron K. Haar
Nevada Supreme Court Summaries
The Court considered an appeal from the district court’s dismissal of Petitioner’s third state petition for writ of habeas corpus in light of McConnell v. State.
Summary Of Stephans V. State, 127 Nev. Adv. Op. 65,
2011
Nevada Law Journal
Summary Of Stephans V. State, 127 Nev. Adv. Op. 65, Emily Navasca
Nevada Supreme Court Summaries
The Court considered an appeal of a grand larceny conviction, based on witness testimony used to prove the value of the stolen goods.
A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System,
2011
University of Connecticut School of Law
A Look At In Re Fabian A.: Examining The Extension Of Due Process Protections And Failure To Object As Waiver In The Juvenile Justice System, Elizabeth Bannon
Connecticut Public Interest Law Journal
Vol. 11, No. 1
Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal.,
2011
Wharton County Junior College
Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman
Great Plains Research: A Journal of Natural and Social Sciences (through 2013)
"If, as has often been contended, truth is the first casualty of traditional warfare, then logic, it appears, is the first casualty of sexual warfare." And with that thematic statement in hand, author Bill Neal is off to the proverbial races with an often delightful, sometimes troubling, and generally entertaining legal discourse on the so-called "unwritten law": that a cuckolded husband or a woman wronged has the God-given right to avenge or be avenged, even to redress by murder. With a curiously dispassionate, or at least overly serious, foreword by Cal State-Fullerton professor Gordon Morris Bakken, Neal's tales of adultery, …
Student Victims Or Student Criminals? The Bookends Of Sexting In A Cyber World,
2011
University of New Hampshire
Student Victims Or Student Criminals? The Bookends Of Sexting In A Cyber World, Todd A. Demitchell, Martha Parker-Magagna
Cardozo Public Law, Policy & Ethics Journal
The article argues that criminalizing sexting as child pornography unfairly victimizes adolescents, contradicting the purpose of laws intended to protect minors. It advocates for a balanced approach that addresses the harm caused by sexting without imposing felony charges, which can have lifelong consequences. The analysis emphasizes that zero-tolerance policies and strict legal responses are ineffective and unjust, as they fail to consider the context of adolescent behavior and the unintended consequences of criminalization.
Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France,
2011
University of Arkansas Little Rock
Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden
The Journal of Appellate Practice and Process
No abstract provided.
Fulfilling The Promise Of Payne: Creating Participatory Opportunities For Survivors In Capital Cases,
2011
Indiana University Maurer School of Law
Fulfilling The Promise Of Payne: Creating Participatory Opportunities For Survivors In Capital Cases, Megan A. Mullett
Indiana Law Journal
No abstract provided.
The Manual Scavenging Problem: A Case For The Supreme Court Of India,
2011
Benjamin N. Cardozo School of Law
The Manual Scavenging Problem: A Case For The Supreme Court Of India, Samuel D. Permutt
Cardozo Journal of International and Comparative Law
The note addresses the persistent issue of manual scavenging in India, a practice where predominantly Dalit women and girls clean human waste under deplorable conditions. Despite legal prohibitions, the practice continues due to caste-based discrimination and inadequate sanitation infrastructure. The author argues that the Supreme Court of India, through Public Interest Litigation (PIL), can effectively tackle this issue by implementing a three-step solution to eradicate manual scavenging.
