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Now showing items 21-30 of 35
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 ...
Is Atkins the Antithesis or Apotheosis of Anti-Discrimination Principles? Sorting Out the Groupwide Effects of Exempting People with Mental Retardation from the Death Penalty
(Alabama Law Review, 2004)
In "Atkins v. Virginia", the U.S. Supreme Court held that people with mental retardation may not be executed. z Many advocates for people with disability cheered the decision, because it provides a group of disabled people ...
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 ...
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 ...
Doubts About Daubert: Psychiatric Anecdata as a Case Study
(Washington & Lee Law Review, 2000)
In Daubert v. Merrell Dow Pharmaceuticals Inc., the Supreme Court sensibly held that testimony purporting to be scientific is admissible only if it possesses sufficient indicia of scientific validity. In Kumho Tire Co. v. ...
Toward Taping
(Ohio State Journal of Criminal Law, 2003)
Numerous authors, from all points on the political spectrum, have advocated that police interrogations be taped. But police rarely record custodial questioning, at least in full, and only a handful of courts have found ...
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 ...
Tarasoff as a Duty to Treat: Insights From Criminal Law
(University of Cincinnati Law Review, 2006)
In most jurisdictions, the Tarasoff duty is defined as a duty on the part of mental health professionals to act on patient threats of serious harm to identified individuals. Although breach of this duty has, to date, only ...
Rethinking Legally Relevant Mental Disorder
(Ohio Northern University Law Review, 2003)
The law insists on maintaining mental disorder as a predicate for a wide array of legal provisions, in both the criminal justice system and the civil law. Among adults, only a person with a "mental disease or defect" can ...
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 ...