Now showing items 1-5 of 5
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," ...
The Civilization of the Criminal Law
(Vanderbilt Law Review, 2005)
This article explores the jurisprudential and practical feasibility of a "preventive" regime of criminal justice. More specifically, it examines an updated version of the type of government intervention espoused four decades ...
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 ...
Mental Disorder as an Exemption from the Death Penalty: The ABA-IRR Task Force Recommendations
(Catholic University Law Review, 2005)
The Task Force on Mental Disability and the Death Penalty (Task Force) established by the Individual Rights and Responsibilities Section of the American Bar Association (ABA-IRR) has proposed that the ABA adopt three ...
Prosecuting Martha: Federal Prosecutorial Power and the Need for a Law of Counts
(Penn State Law Review, 2005)
This article, part of a symposium on prosecutorial discretion, uses the Martha Stewart case to look more closely at the various types of discretion prosecutors wield. Unlike some other commentators, we are not persuaded ...