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Now showing items 21-30 of 67
Race-Based Defenses--The Insights of Traditional Analysis
(Arkansas Law Review, 2002)
The determination of whether racialized defenses should be permitted depends upon a number of factors. Professor Alfieri is right to emphasize race-consciousness as an important variable, but wrong to give it dispositive ...
An Empirically Based Comparison of American and European Regulatory Approaches to Police Investigation
(Michigan Journal of International Law, 2001)
This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American ...
Government Data Mining and the Fourth Amendment
(University of Chicago Law Review, 2008)
The government's ability to obtain and analyze recorded information about its citizens through the process known as data mining has expanded enormously over the past decade. Although the best-known government data mining ...
The Liberal Assault on the Fourth Amendment
(2007)
As construed by the Supreme Court, the Fourth Amendment's reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects-and virtually nothing else. This essay is primarily ...
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 ...
The Right to Voice Reprised
(Seton Hall Law Review, 2010)
This article appears in a symposium issue of Seton Hall Law Review on courtroom epistemology. In Proving the Unprovable: The Role of Law, Science and Speculation in Adjudicating Culpability and Dangerousness, I argued that ...
The Structure of Expertise in Criminal Cases
(Seton Hall Law Review, 2003)
This essay, part of a two-issue symposium on the implications of Daubert v. Merrell Dow Pharmaceuticals and its progeny, is built around three propositions about expert testimony and criminal cases. First, the "Daubert ...
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 ...
Prevention as the Primary Goal of Sentencing: The Modern Case for Indeterminate Dispositions in Criminal Cases
(San Diego Law Review, 2011)
Among modern-day legal academics determinate sentencing and limiting retributivism tend to be preferred over indeterminate sentencing, at least in part because the latter option is viewed as immoral. This Article contends ...
Treating Juveniles Like Juveniles: Getting Rid of Transfer and Expanded Adult Court Jurisdiction
(Texas Tech Law Review, 2013)
The number of juveniles transferred to adult court has skyrocketed in the past two decades and has only recently begun to level off. This symposium article argues that, because it wastes resources, damages juveniles, and ...