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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 ...
Deceit, Pretext, and Trickery: Investigative Lies by the Police
(Oregon Law Review, 1997)
This Article has been a preliminary effort at identifying those limitations in connection with one specific type of lie-investigative lies, or lies told to people in an effort to gather evidence against them. The extrapolation ...
Psychiatric Evidence in Criminal Trials: To Junk or Not to Junk?
(William and Mary Law Review, 1998)
This Article begins, in Part I, with a brief review of the past four decades" of psychiatric and psychological testimony in criminal trials (henceforth referred to simply as "psychiatric testimony"). Although this review ...
Testilying: Police Perjury and What to Do About It
(University of Colorado Law Review, 1996)
Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to ...
Treatment of the Mentally Disabled: Rethinking the Community-First Idea
(Nebraska Law Review, 1990)
In the past several decades the treatment, habilitation and education of the mentally disabled has been heavily influenced by what could be called the "community-first" movement. This movement which encompasses such ...
Let's Not Bury TERRY: A Call for Rejuvenation of the Proportionality Principle
(St. John's Law Review, 1998)
Thirty years ago, "Terry v. Ohio" established a conceptual framework for the Fourth
Amendment that makes more sense than any alternative the
courts or commentators have come up with since. That frame-work,
which I call ...
Having it Both Ways: Proof That the U.S. Supreme Court is "Unfairly" Prosecution-Oriented
(Florida Law Review, 1996)
If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny,"3 two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that ...
Why Liberals Should Chuck the Exclusionary Rule
(University of Illinois Law Review, 1999)
This article makes the case against the exclusionary rule from a "liberal" perspective. Moving beyond the inconclusive empirical data on the efficacy of the rule, it uses behavioral and motivational theory to demonstrate ...
World Without a Fourth Amendment
(UCLA Law Review, 1991)
The subject of this Article is suggested by a single question: How would we regulate searches and seizures if the Fourth Amendment did not exist? This question is a useful one to ask even leaving aside the possibility of ...