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Surveillance and the Constitution
(Wayne Law Review, 2009)
My focus will be on the extent to which the Constitution limits government surveillance activities. The details of regulation should be statutory, but the basis for that statutory regulation must be founded on constitutional ...
Introduction to the Symposium on the Model Penal Code's Sentencing Proposals
(Florida Law Review, 2009)
Begun in the 1950s, the drafting of the Model Penal Code (the Code) differed from the typical American Law Institute (AL) "restatement" of the law project because it was an explicit attempt to provide a model statute that ...
The Death Penalty in Florida
(Elon Law Review, 2009)
This article summarizes the findings and recommendations of the ABA Death Penalty Moratorium Implementation Project's Florida Assessment Team, which I chaired. Relying on an analysis of caselaw, studies, news reports, and ...
A Defense of the Integrationist Test as a Replacement for the Special Defense of Insanity
(Texas Tech Law Review, 2009)
This article, written for a symposium on "Criminal Law and the Excuses," defends the "Integrationist" approach to analysis of the exculpatory effect of mental disability that I developed in Chapter Two of my book, Minding ...
Justice Ginsburg's Gradualism in Criminal Procedure
(Ohio State Law Journal, 2009)
This article, written for a symposium analyzing Justice Ginsburg’s jurisprudence on the 15th anniversary of her tenure on the Supreme Court, is the first sustained look at her views on criminal procedure issues (search and ...
Mental Illness and Self-Representation: Faretta, Godinez and Edwards
(Ohio State Journal of Criminal Law, 2009)
In the recent decision of Indiana v. Edwards the Supreme Court held that the right to represent oneself may be denied to defendants who are competent to stand trial if they "still suffer from severe mental illness to the ...
Juvenile Justice: The Fourth Option
(Iowa Law Review, 2009)
The current eclectic mix of solutions to the juvenile-crime problem is insufficiently conceptualized and too beholden to myths about youth, the crimes they commit, and effective means of responding to their problems. The ...