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What is the Essential Fourth Amendment?
(Texas Law Review, 2012)
In More Essential Than Ever: The Fourth Amendment in the Twenty-First Century, Stephen Schulhofer provides a strong, popularized brief for interpreting the Fourth Amendment as a command that judicial review precede all ...
Lying and Confessing
(Texas Tech Law Review, 2007)
This essay, for a symposium on Citizen Ignorance, Police Deception and the Constitution, relies on moral philosophy and new empirical research in arguing that police deceit during interrogation is permissible when: (1) it ...
Is Atkins the Antithesis or Apotheosis of Anti-Discrimination Principles? Sorting Out the Groupwide Effects of Exempting People with Mental Retardation from the Death Penalty
(Alabama Law Review, 2004)
In "Atkins v. Virginia", the U.S. Supreme Court held that people with mental retardation may not be executed. z Many advocates for people with disability cheered the decision, because it provides a group of disabled people ...
The Role of Mental Health Professionals in the Criminal Process: The Case for Informed Speculation
(Virginia Law Review, 1980)
In this article we have attempted to make the case for continued participation by appropriately qualified mental health professionals in the adjudication of reconstructive subjective issues of the criminal law. In Part I, ...
A Prevention Model of Juvenile Justice: The Promise of Kansas v. Hendricks for Children
(Wisconsin Law Review, 1999)
The traditional juvenile court, focused on rehabilitation and "childsaving," was premised primarily on a parens patriae notion of State power. " Because of juveniles' immaturity and greater treatability, this theory posited, ...
Terms of Endearment and Articles of Impeachment
(Florida Law Review, 1999)
It is a long-established principle that presidential impeachment is an appropriate remedy only for "high Crimes and Misdemeanors" of a public nature (with the possible exception of private crimes so heinous that the President ...
Transaction Surveillance by the Government
(Mississippi Law Journal, 2005)
This symposium article is the second of two on regulation of government efforts to obtain recorded information for criminal prosecutions. More specifically, it explores the scope and regulation of "transaction surveillance," ...
What Atkins Could Mean for People with Mental Illness
(New Mexico Law Review, 2003)
This article, written for a symposium on Atkins v. Virginia - the Supreme Court decision that prohibited execution of people with mental retardation - argues that people with severe mental illness must now also be protected ...
The Criminal Defense Lawyer's Fiduciary Duty to Clients With Mental Disability
(Fordham Law Review, 2000)
This Article has argued that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows ...
Subpoenas and Privacy
(DePaul Law Review, 2005)
This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or ...