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Academic Journals
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- 1From:Albany Law Review (Vol. 85, Issue 4)On September 1, 1975, New York State ended its tradition of contributory negligence defeating a plaintiff's civil action, no matter how slight. (1) The then-groundbreaking statute provides: Of course, even with CPLR...
- 2From:Criminal Justice (Vol. 37, Issue 3) Peer-ReviewedIn McCoy v. Louisiana, 138 S. Ct. 1500, 1505 (2018), the US Supreme Court held a "defendant has the right to insist that counsel refrain from admitting guilt, even when counsel's experienced-based view is that confessing...
- 3From:Criminal Justice (Vol. 37, Issue 3) Peer-ReviewedThe fundamental problem with the initiative formerly known as the "China Initiative" is not just race, but prosecutorial discretion. When the federal government announced an initiative with the amorphous goal of...
- 4From:North Carolina Law Review (Vol. 100, Issue 6) Peer-ReviewedSometimes juries are prejudiced against defendants. A jury may be predisposed to find a defendant guilty because of the nature of the charges. They may be predisposed to find a defendant guilty because of the reputation...
- 5From:Victoria University of Wellington Law Review (Vol. 53, Issue 2) Peer-ReviewedThis article analyses the provisions of the Sexual Violence Legislation Act 2021 that offer witnesses in sexual cases access to pre-recorded cross-examination as an alternative method of giving evidence. The Act is...
- 6From:Criminal Justice (Vol. 37, Issue 2) Peer-ReviewedThe federal mail and wire fraud statutes make it a crime to effect "any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises." 18...
- 7From:TYL (Vol. 26, Issue 4)Markus Funk's accomplishments run long; the space here could not do his resume justice. In fact, you'll have to find the majority of this interview at http://ambar.org/markus-funk-interview. Known for his work in...
- 8From:Criminal Justice (Vol. 37, Issue 2) Peer-ReviewedCharles Plymail was convicted of sexual assault in West Virginia in 1993. It took 20 years for his direct appeal to be decided. When you read this, you probably will think it is a typographical error because who ever...
- 9From:Antitrust Law Journal (Vol. 84, Issue 2) Peer-ReviewedModern antitrust law recognizes efficiency defenses for most of its categories of liability. (1) Productive efficiencies that benefit consumers might justify a proposed merger that increases concentration, for example....
- 10From:Federal Communications Law Journal (Vol. 74, Issue 3) Peer-ReviewedI. INTRODUCTION Julia and Rosie Williams, two sisters from Farmington Hills, Michigan, were two and five years old when they watched their father get wrongfully arrested in their front yard on January 9, 2020. The...
- 11From:American Criminal Law Review (Vol. 59, Issue 2)The Supreme Court has gone to great lengths to prevent jurors from holding defendants' silence against them. In a trilogy of opinions, the Court concluded that when a defendant refrains from testifying, (1) the...
- 12From:Journal of Criminal Law and Criminology (Vol. 112, Issue 2) Peer-ReviewedCoercing someone is sometimes wrong and sometimes a crime. People subject to coercion are sometimes eligible for criminal defenses, such as duress. How, exactly, does coercion operate in such contexts? Among legal...
- 13From:Criminal Justice (Vol. 37, Issue 1) Peer-ReviewedSix years have passed since the inaugural installment of this column, in which readers were encouraged to consider "what happens next?" when attempting to process, distribute, and argue about the results of forensic...
- 14From:American Criminal Law Review (Vol. 59, Issue 2)Criminal defense attorneys often engage in plea negotiations on behalf of their clients without knowledge of material, exculpatory information that the prosecution may possess, placing the defense at an unfair...
- 15From:GP Solo (Vol. 39, Issue 2)Ruth Bader Ginsburg achieved greatness on the U.S. Supreme Court as its primary exponent of gender equality. But before we knew Ruth Bader Ginsburg the jurist, we heard the voice of Ruth Bader Ginsburg the advocate. She...
- 16From:Yale Law Journal (Vol. 131, Issue 5) Peer-ReviewedThe Stored Communications Act (SCA) poses an increasing threat to criminal defendants' constitutional rights. This Note offers the first comprehensive survey of existing appellate and federal court case law involving...
- 17From:Washington University Law Review (Vol. 99, Issue 3)ABSTRACT Focus on the deleterious effects of the privatization of functions in both the criminal adjudicative system and criminal legal system has increased on both the scholarship and policymaking fronts. Much of this...
- 18From:Ave Maria Law Review (Vol. 20) Peer-ReviewedINTRODUCTION In 1958, an Army lieutenant (1) was charged with murdering a saloon owner (2) in small-town Michigan's remote Upper Peninsula. His defense attorney (3)--the longtime former county prosecutor and frustrated...
- 19From:Notre Dame Law Review (Vol. 97, Issue 2)Lawsuits pursue institutional reform when plaintiffs ask courts to issue broad, systemic remedies to improve the performance of malfunctioning government programs. Once thought in decline, this litigation persists....
- 20From:Suffolk Journal of Trial & Appellate Advocacy (Vol. 27, Issue 1)"The authorities believed that isolation was the cure for our defiance and rebelliousness... Ifound solitary confinement the most forbidding aspect of prison life. There was no end and no beginning; there is only one's...