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Now showing items 51-60 of 67
Some Hypotheses About Empirical Desert
(Arizona State Law Journal, 2011)
Paul Robinson has written a series of articles advocating the view that empirical desert should govern development of criminal law doctrine. The central contention of empirical desert is that adherence to societal views ...
Teaching a Course on Regulation of the Police (With a Special Focus on the Sixth Amendment)
(Brandeis Law Journal, 2004)
The organizers of this symposium gave us the choice of writing about
effective assistance of counsel or about teaching criminal procedure. I've
decided to do both. This article discusses teaching the criminal procedure
course ...
A Jurisprudence of Dangerousness
(Northwestern University Law Review, 2003)
This article addresses the state's police power authority to deprive people of liberty based on predictions of antisocial behavior. Most conspicuously exercised against so-called "sexual predators," this authority purportedly ...
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 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, ...
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 ...
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 ...
Dangerousness and Expertise
(University of Pennsylvania Law Review, 1984)
The defendant-first approach advocated in this Article is more difficult to implement than either the current policy admitting any proffered expert testimony or the exclusionary reform advanced by many commentators. It ...
Citizens United & Corporate & Human Crime
(Green Bag 2d, 2010)
Citizens United v. Election Commission held that, like human citizens, corporations can exercise their right to free speech by spending as much money as they like trying to influence elections. This article does not attack ...
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 ...