Part of the Criminal Law Commons

Works in Criminal Law

2022

Countermajoritarian Criminal Law, Michael L. Smith
Pace Law Review

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Green Crimes in the Empire State: Analyzing the Criminal Enforcement of Environmental Law in New York, Joshua Ozymy, Melissa Jarrell Ozymy
Pace Environmental Law Review

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Fine-Tuning: The Emergent Order-Maintenance Architecture of Local Civil Enforcement, Brendan M. Conner
Pace Law Review

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The Prosecutor in the Mirror: Conviction Integrity Units and Brady Claims, Lissa Griffin, Daisy Mason
Elisabeth Haub School of Law Faculty Publications

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Criminal Acts and Basic Moral Equality, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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2021

Justice Delayed, Justice Denied? The Search for Accountability for Alleged Wartime Atrocities Committed in Sri Lanka, Aloka Wanigasuriya
Pace International Law Review

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Doe v. Nestle, S.A.: Chocolate and the Prohibition on Child Slavery, Megan M. Coppa
Pace International Law Review

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Advancing Fundamental Principles Through Doctrine and Practice: Comments on Darryl Robinson, Justice in Extreme Cases, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications

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2020

NYCLA JUSTICE CENTER TASK FORCE: SOLVING THE PROBLEM OF INNOCENT PEOPLE PLEADING GUILTY,
Pace Law Review

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2019

Do Criminal Minds Cause Crime? Neuroscience and the Physicalism Dilemma, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Unreasonable Revelations: God Told Me to Kill, Linda Ross Meyer
Pace Law Review

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The Devil in Recent American Law, L. Joe Dunman
Pace Law Review

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Judging Judges Fifty Years After – Was Judge Julius Hoffman’s Conduct so Different?, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Social Media, Venue and the Right to a Fair Trial, Leslie Y. Garfield Tenzer
Elisabeth Haub School of Law Faculty Publications

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Comrades or Foes: Did the Russians Break the Law or New Ground for the First Amendment?, Artem M. Joukov, Samantha M. Caspar
Pace Law Review

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Empiricism and the Misdemeanor Courts: Promoting Wider, Deeper, and Interdisciplinary Study, Alisa Smith
Pace Law Review

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The Concrete Jungle: Where Dreams Are Made of . . . and Now Where Children Are Protected, Samantha A. Mumola
Pace Law Review

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International Law of Nuclear Weapons Nonproliferation: Application to Non-State Actors, Imrana Iqbal
Pace International Law Review

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#MeToo, Statutory Rape Laws, and the Persistence of Gender Stereotypes, Leslie Y. Garfield Tenzer
Elisabeth Haub School of Law Faculty Publications

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Neuroscience, Justice and the "Mental Causation" Fallacy, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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The Effect Media has on Juror Bias, Tia Fasano
Honors College Theses

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Between Brady Discretion and Brady Misconduct, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2018

A Gap in Causation? Punishing Polluters for Contributing to Climate Change & Increasing Violent Crime, Nicolette Pellegrino
Pace Environmental Law Review

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Introduction, Mimi Rocah
Pace Law Review

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Primer, Samantha Conway, David Diab, Amanda Fiorilla, Eric Grossfeld
Pace Law Review

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How Has McDonnell Affected Prosecutors’ Ability to Police Public Corruption? What Are Politicians And Lobbyists Allowed To Do, And What Are Prosecutors Able To Prosecute?, Vincent L. Briccetti, Amie Ely, Alexandra Shapiro, Dan Stein
Pace Law Review

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How Should Congress Respond to McDonnell?, David Yassky, Kathleen Clark, Allen Dickerson, Jennifer Rodgers
Pace Law Review

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Special Problems for Prosecutors in Public Corruption Prosecutions, Mimi Rocah, Carrie Cohen, Steve Cohen, Daniel Cort, Bennett L. Gershman
Pace Law Review

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Safety from Plea-Bargains’ Hazards, Boaz Sangero
Pace Law Review

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The Federal Criminal Forfeiture Statute: Reining in The Government’s Previously Unbridled Ability to Seize Pretrial Assets, Kristyn Fleming Francese
Pace Law Review

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New York Breaks Gideon’s Promise, Rebecca King
Pace Law Review

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The State of American Juvenile Justice, Merril Sobie
Elisabeth Haub School of Law Faculty Publications

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A Penal Colony for Bad Lawyers, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Targeted Capture, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications

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2017

Unspoken Immunity and Reimagined Justice: The Potential for Implementing Restorative Justice and Community Justice Models in Police-related Shootings, Hannah Walker
Pace Law Review

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Context at the International Criminal Court, Hassan Ahmad
Pace International Law Review

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Sony, Cyber Security, and Free Speech: Preserving the First Amendment in the Modern World, Conrad Wilton
Pace Intellectual Property, Sports & Entertainment Law Forum

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Who Got Away With Murder? An Analysis and Discussion About the Death of Sam Keating in Season 1 of ABC’s “How to Get Away With Murder”, Katelyn Squicciarini
Pace Intellectual Property, Sports & Entertainment Law Forum

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Does Hard Incompatibilism Really Abolish ‘Right’ and ‘Wrong’? Some Thoughts in Response to Larry Alexander, John A. Humbach Mr.
Elisabeth Haub School of Law Faculty Publications

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Quantifying the Contours of Power: Chief Justice Roberts & Justice Kennedy in Criminal Justice Cases, Michael A. McCall, Madhavi M. McCall
Pace Law Review

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The Negative Ramifications of Hate Crime Legislation: It’s Time to Reevaluate Whether Hate Crime Laws are Beneficial to Society, Briana Alongi
Pace Law Review

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Upholding Citizens’ Privacy in the Use of Stingray Technology: Is New York Behind?, Samantha Hazen
Pace Law Review

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Ministers of Justice and Mass Incarceration, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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2016

True Criminal?: An Analysis and Discussion of the Crimes Committed by Detective Rustin Cohle in Season One of HBO’s Mini-Series True Detective, Kevin J. Cimino
Pace Intellectual Property, Sports & Entertainment Law Forum

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A Proposal to Allow the Presentation of Mitigation in Juvenile Court so that Juvenile Charges May be Expunged in Appropriate Cases, Katherine I. Puzone
Pace Law Review

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Lost In a Maze of Character Evidence: How the Federal Courts Lack a Cohesive Approach to Applying Federal Rule of Evidence 404(b) in Drug Distribution Cases, Brian Byrne
Pace Law Review

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Environmental Crimes and Imprisonment: Does Prison Work to Prevent and Punish Environmental Criminals?, Rafael Wolff
Dissertations & Theses

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In Memory of Monroe Freedman: The Hardest Question for a Prosecutor, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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The Prosecutor’s Duty of Silence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Foreign Assistance Complicity, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications

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What's Going on in Our Prisons?, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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2015

Written Testimony on Correctional Oversight of the NYS DOCCS, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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Unequal Access to Justice: Solla v. Berlin and the Unprincipled Evisceration of New York’s EAJA, Armen H. Merjian
Pace Law Review

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You Have the Right to Be Confused! Understanding Miranda After 50 Years, Bryan Taylor
Pace Law Review

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A Dire Need for Legislative Reform, Patrick Dowdle
Pace International Law Review

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Fleeing Cuba: A Comparative Piece Focused on Toro and the Options Victims of Domestic Violence Have in Seeking Citizenship in the United States and Canada, Kiersten M. Schramek
Pace International Law Review

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The Case of Beatriz: An Outcry to Amend El Salvador’s Abortion Ban, Jonathan Alvarez
Pace International Law Review

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Slaying the Dragon: How the Law Can Help Rehab a Country in Crisis, Samantha Kopf
Pace Law Review

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Criminal Mind or Inculpable Adolescence? A Glimpse at the History, Failures, and Required Changes of the American Juvenile Correction System, Christopher J. Menihan
Pace Law Review

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A Dangerous Situation – The Knowing Transmission of HIV in an Out-Of-Body Form and Whether New York Should Criminally Punish Those Who Commit Such an Act, Griffin C. Kenyon
Pace Law Review

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When Are the People Ready? The Interplay Between Facial Sufficiency and Readiness Under CPL Section 30.30, John H. Wilson
Pace Law Review

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Babies Behind Bars: An Evaluation of Prison Nurseries in American Female Prisons and Their Potential Constitutional Challenges, Seham Elmalak
Pace Law Review

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The Challenges of Preventing and Prosecuting Social Media Crimes, Thaddeus Hoffmeister
Pace Law Review

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The Constitution and Revenge Porn, John A. Humbach
Pace Law Review

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Death by Bullying: A Comparative Culpability Proposal, Audrey Rogers
Pace Law Review

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Social Media Thoughtcrimes, Daniel S. Harawa
Pace Law Review

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Criminal Responsibility for Arbitrators in Chinese Law: Perversion of Law in Commercial Arbitration, Duan Xiaosong
Pace International Law Review

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"I Am Opposed to This Procedure": How Kafka's In the Penal Colony Illuminates the Current Debate About Solitary Confinement and Oversight of American Prisons, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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Forensic Evidence and the Court of Appeal for England and Wales, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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Is America Becoming A Nation of Ex-Cons?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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2014

Raped by the System: A Comparison of Prison Rape in the United States and South Africa, Alexandra Ashmont
Pace International Law Review

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Excuses, Justifications, and Duress at the International Criminal Tribunals, Noam Wiener
Pace International Law Review

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A Spectrum of International Criminal Procedure: Shifting Patterns of Power Distribution in International Criminal Courts and Tribunals, Jessica Peake
Pace International Law Review

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A Contextualized Account of General Principles of International Law, Michelle Biddulph, Dwight Newman
Pace International Law Review

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Why Full Implementation Is Long Overdue, Merril Sobie
Elisabeth Haub School of Law Faculty Publications

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Global Cyber Intermediary Liability: A Legal & Cultural Strategy, Jason H. Peterson, Lydia Segal, Anthony Eonas
Pace Law Review

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Towards International Criminalization of Transboundry Environmental Crimes, Hamdan Qudah
Dissertations & Theses

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International Criminal Law for Retributivists, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications

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Due Process Disaggregation, Jason Parkin
Elisabeth Haub School of Law Faculty Publications

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The Prosecutor’s Contribution to Wrongful Convictions, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Threats and Bullying by Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2013

Adjudicating Sex Crimes as Mental Disease, Melissa Hamilton
Pace Law Review

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Searches Incident to Arrest and the Aftermath of Arizona v. Gant – A Circuit Split as to Gant’s Applicability to Non-Vehicular Searches, Nicholas De Sena
Pace Law Review

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From Peer-to-Peer Networks to Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications

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International Perspectives on Correcting Wrongful Convictions: The Scottish Criminal Cases Review Commission, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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2012

Is There a Legal Recourse Available in New York When the Press Fails to Protect the Identity of a Child Abuse Victim?, John H. Wilson
Pace Law Review

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Reading Between the Lines: Charging Instruments at the ICTR and the ICC, Claire Knittel
Pace Law Review

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Unlocking the Courthouse Door: Removing the Barrier of the PLRA’s Physical Injury Requirement to Permit Meaningful Judicial Oversight of Abuses in Supermax Prisons and Isolation Units, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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The Delinquent “Toddler”, Merril Sobie
Elisabeth Haub School of Law Faculty Publications

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Preplea Disclosure of Impeachment Evidence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2011

Educating Prosecutors and Supreme Court Justices About Brady v. Maryland, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Judicial Interference with Effective Assistance of Counsel, Bennett L. Gershman
Pace Law Review

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Let the Sunshine In: The ABA and Prison Oversight, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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Judicial Interference With Effective Assistance of Counsel, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Punishing Without Free Will, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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Consent Is Not a Defense to Battery: A Reply to Professor Bergelson, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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The Pluralism of International Criminal Law, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications

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Pretrial Procedures for Innocent People: Reforming Brady, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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Prosecutorial Decisionmaking and Discretion in the Charging Function, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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When an Offense is Not an Offense: Rethinking the Supreme Court’s Reasonable Doubt Jurisprudence, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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2010

Losing Your Head in the Washer – Why the Brainwashing Defense Can Be a Complete Defense in Criminal Cases, Rebecca Emory
Pace Law Review

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What Is Reasonable Cause To Believe?: The Mens Rea Required For Conviction Under 21 U.S.C. § 841, Jonathan L. Hood
Pace Law Review

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Opening Up a Closed World: What Constitutes Effective Prison Oversight?, Michael B. Mushlin, Michele Deitch
Pace Law Review

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Distinguishing the Various Functions of Effective Prison Oversight, Michele Deitch
Pace Law Review

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From White Plains to Austin: The Road from the Prison Reform Revisited Conference to the Opening Up a Closed World Conference, Michael B. Mushlin
Pace Law Review

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Reflections on 60 Years of Outside Scrutiny of Prisons and Prison Policy in the United States, Nicholas de B. Katzenbach
Pace Law Review

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The Quixotic Dilemma, California’s Immutable Culture of Incarceration, Geri Lynn Green
Pace Law Review

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Prison Oversight and Prison Leadership, Stan Stojkovic
Pace Law Review

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Professionalism in Corrections and the Need for External Scrutiny: An International Overview, Andrew Coyle
Pace Law Review

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The Importance of Dialogue and Cooperation in Prison Oversight, Silvia Casale
Pace Law Review

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The Role of Citizens and Non-Profit Advocacy Organizations in Providing Oversight, Vivien Stern
Pace Law Review

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The Ombudsman as a Monitor of Human Rights in Canadian Federal Corrections, Howard Sapers, Ivan Zinger
Pace Law Review

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Prison Inspection and the Protection of Prisoners’ Rights, Anne Owers
Pace Law Review

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The Role of Civilian Organizations with Prison Access and Citizen Members—The New York Experience, John M. Brickman
Pace Law Review

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Oversight of Law Enforcement is Beneficial and Needed—Both Inside and Out, Barbara Attard
Pace Law Review

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Role of the Correctional Association of New York in a New Paradigm of Prison Monitoring, Jack Beck
Pace Law Review

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Ensuring Progress: Accountability Standards Recommended by the National Prison Rape Elimination Commission, Jamie Fellner
Pace Law Review

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Reflections on a Government Model of Correctional Oversight, Richard T. Wolf
Pace Law Review

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Accrediting the Accreditors: A New Paradigm for Correctional Oversight, Lynn S. Branham
Pace Law Review

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Effective Corrections Oversight: What Can We Learn from ACA Standards and Accreditation?, David M. Bogard
Pace Law Review

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Getting to Yes in a PLRA World, Elizabeth Alexander
Pace Law Review

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Annotated Bibliography on Independent Prison Oversight, Michele Deitch
Pace Law Review

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Independent Correctional Oversight Mechanisms Across the United States: A 50-State Inventory, Michele Deitch
Pace Law Review

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Returning Prosecutions to the States: A Proposal for a Criminal Justice Restoration Act, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos
Cornerstone 3 Reports : Interdisciplinary Informatics

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Privacy Revisited: GPS Tracking as Search and Seizure, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Islam & International Criminal Law: A Brief (In) Compatibility Study, Michael J. Kelly
Pace International Law Review Online Companion

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Free Will Ideology: Experiments, Evolution and Virtue Ethics, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Autores y Cooperadores, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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Jurists for Jesus, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications

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Megan's Law and Sarah's Law: A Comparative Study of Sex Offender Community Notification Schemes in the United States and the United Kingdom, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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“Hard Strikes and Foul Blows”: Berger v. United States 75 Years After, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Doubting Free Will: Three Experiments, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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Bad Faith Exception to Prosecutorial Immunity for Brady Violations, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2009

Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos
Cornerstone 3 Reports : Interdisciplinary Informatics

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Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications

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Temkin & Krahe, Sexual Assault and the Justice Gap: A Question of Attitude, Elisabeth McDonald
Pace Law Review

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In the Name of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (And Other Countries Don't), Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications

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Correcting Injustice: Studying How the United Kingdom and the United States Review Claims of Innocence, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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A Short Overview of the Statutory Remedies for the Wrongly Convicted: What Works, What Doesn't and Why, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications

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The Case for a Criminal Law Theory of Intentional Infliction of Emotional Distress, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications

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Avoiding Wrongful Convictions: Re-examining the "Wrong-Person" Defense, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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Getting Real About Race and Prisoner Rights, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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Protecting Children on the Internet: Mission Impossible?, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications

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Beyond Torture: The Nemo Tenetur Principle in Borderline Cases, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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The Eyewitness Conundrum: How Courts, Police and Attorneys Can Reduce Mistakes by Eyewitnesses, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2008

Civil Liability for Aiding and Abetting: Should Lawyers Be "Privileged" to Assist Their Clients' Wrongdoing?, Eugene J. Schiltz
Pace Law Review

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Feticide Laws: Contemporary Legal Applications and Constitutional Inquiries, Marka B. Fleming
Pace Law Review

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New Rights and Remedies: The Federal Crime Victims' Rights Act of 2004, David E. Aaronson
Pace Law Review

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Should Being a Victim of a Crime be a Defense to the Same or a Different Crime?, Russell L. Christopher
Pace Law Review

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The Ideal Victim, Leo Zaibert
Pace Law Review

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Of Persons and the Criminal Law: (Second Tier) Personhood as a Prerequisite for Victimhood, Luis E. Chiesa
Pace Law Review

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Foreword Symposium: Victims and the Criminal Justice System, Luis E. Chiesa
Pace Law Review

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Old Wine in New Wineskins? Appraising Professor Bergelson's Plea for Comparative Criminal Liability, Inigo Ortiz de Urbina Gimeno
Pace Law Review

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Doctrines Regarding the Fight Against Impunity and the Victim's Right for the Perpetrator to be Punished, Jesus-Maria Silva Sanchez
Pace Law Review

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Corporations as Victims of Mismanagement: Beyond the Shareholders vs. Managers Debate, Carlos Gomez-Jara Diez
Pace Law Review

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Child Pornography's Forgotten Victims, Audrey Rogers
Pace Law Review

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Victims and the Significance of Causing Harm, Guyora Binder
Pace Law Review

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Victims and Self-Liability in Criminal Law: Beyond Contributive Negligence and Foreseeability (Without Blaming the Victim), Maniel Cancio Melia
Pace Law Review

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Consent to Harm, Vera Bergelson
Pace Law Review

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Death Becomes the State: The Death Penalty in New York State - Past, Present and Future, Deborah L. Heller
Pace Law Review

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Why Is It a Crime to Stomp on a Goldfish? Harm, Victimhood and the Structure of Anti-Cruelty Offenses, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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The "Fetal Protection" Wars: Why America Has Made the Wrong Choice in Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications

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The Most Dangerous Power of the Prosecutor, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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The Rise of Spanish and Latin American Criminal Theory, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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Of Persons and the Criminal Law: (Second Tier) Personhood as a Prerequisite for Victimhood, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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Child Pornography's Forgotten Victims, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications

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Foreword: Victims and the Criminal Justice System, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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Duress, Demanding Heroism and Proportionality: The Erdemovic Case and Beyond, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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2007

Integrating the Complexity of Mental Disability into the Criminal Law Course, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications

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Death Penalty Jurisprudence in New York and the Supremacy Clause of the United States Constitution: How Supreme Is It?, Joseph E. Fahey
Pace Law Review

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The Court's Failure to Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
Pace Law Review

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Can a Jury Believe My Eyes, and Should Courts Let Experts Tell Them Why Not? The Admissibility of Expert Testimony on Cross-Racial Eyewitness Identification in New York after People v. Young, Jody E. Frampton
Pace Law Review

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An Argument for Original Intent: Restoring Rule 801(D)(1)(A) to Protect Domestic Violence Victims in a Post-Crawford World, Andrew King-Ries
Pace Law Review

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Taking Victims Seriously: A Dworkinian Theory of Punishment, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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Litigating Brady v. Maryland: Games Prosecutors Play, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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The Act Requirement as a Basic Concept of Criminal Law, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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Normative Gaps in the Criminal Law: A Reasons Theory of Wrongdoing, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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Justice Without Politics: Prosecutorial Discretion and the International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications

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Is Silence Sacred? The Vulnerability of Griffin v. California in a Terrorist World, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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2006

La Catástrofe de los Delitos de Riesgo Catastrófico, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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The New "Fetal Protection": The Wrong Answer to the Crisis of Inadequate Health Care for Women and Children, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications

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Reflections on Brady v. Maryland, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2005

Juvenile Execution, Terrorist Extradition, and Supreme Court Discretion to Consider International Death Penalty Jurisprudence, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications

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Playing Hide and Seek: How to Protect Virtual Pornographers and Actual Children on the Internet, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications

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Prosecutorial Ethics and Victims' Rights: The Prosecutor's Duty of Neutrality, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Contaminating the Verdict: The Problem of Juror Misconduct, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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How Juries Get It Wrong - Anatomy of the Detroit Terror Case, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2004

Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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"Which One of You Did It? Criminal Liability for "Causing or Allowing" the Death of a Child, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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Intencion Especifica, Intoxicacion Voluntaria y Otros Demonios, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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Derecho Penal, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications

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The Death Penalty--An Obstacle to the "War on Terrorism"?, Thomas Michael McDonnell
Elisabeth Haub School of Law Faculty Publications

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Justice Still Fails: A Review of Recent Efforts to Compensate Individuals Who Have Been Unjustly Convicted and Later Exonerated, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications

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New Technology, Old Defenses: Internet Sting Operations and Attempt Liability, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications

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2003

Two Sides of a "Sargasso Sea": Successive Prosecution for the "Same Offence" in the United States and the United Kingdom, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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Back to the Future: Does Apprendi Bar a Legislature's Power to Shift the Burden of Proof Away from the Prosecution by Labeling an Element of a Traditional Crime as an Affirmative Defense?, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications

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Dying Twice: Incarceration on Death Row, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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Exonerations Change Judicial View on Ineffective Assistance of Counsel, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications

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Misuse of Scientific Evidence by Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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2002

International Humanitarian Law from Nuremberg to Rome: The Weighty Precedents of the International Criminal Tribunal for Rwanda, Kingsley Chiedu Moghalu
Pace International Law Review

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Witness Coaching by Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Dying Twice: Conditions on New York's Death Row, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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Take Courage: What the Courts Can Do to Improve the Delivery of Criminal Defense Services, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications

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2001

The Correction of Wrongful Convictions: A Comparative Perspective, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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Child Witnesses and Procedural Fairness, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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The Prosecutor's Duty to Truth, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Criminal Prosecution for HMO Treatment Denial, John A. Humbach
Elisabeth Haub School of Law Faculty Publications

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2000

Burdening Constitutional Rights: The Supreme Court's License to Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Parallels in Predicting Dangerousness--What Price Security?, Vanessa Merton, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications

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Current Issues in the Psychiatrist-Patient Relationship: Outpatient Civil Commitment, Psychiatric Abandonment and the Duty to Continue Treatment of Potentially Dangerous Patients--Balancing Duties to Patients and the Public, Vanessa Merton, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications

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What Do You Do When You Meet a "Walking Violation of the Sixth Amendment" If You're Trying to Put That Lawyer's Client in Jail?, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications

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1999

Proving the Lie: Litigating Police Credibility, David N. Dorfman
Elisabeth Haub School of Law Faculty Publications

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When Justice Fails: Indemnification for Unjust Conviction, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications

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Rethinking Genocidal Intent: The Case for a Knowledge-Based Interpretation, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications

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1998

Private Bar Monitors Public Defense: Oversight Committee Sets Standards for Indigent Defense Providers, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications

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A More Principled Approach to Criminalizing Negligence: A Prescription for the Legislature, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications

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Prosecutorial Use of Expert Testimony in Domestic Violence Cases: From Recantation to Refusal to Testify, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications

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Accomplice Liability for Unintentional Crimes: Remaining Within the Constraints of Intent, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications

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Mental Culpability and Prosecutorial Misconduct, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1997

Judicial Interference with Effective Advocacy by the Defense, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1996

Defensively Invoking Treaties in American Courts--Jurisdictional Challenges Under the U.N. Drug Trafficking Convention by Foreign Defendants Kidnapped Abroad by U.S. Agents, Thomas Michael McDonnell
Elisabeth Haub School of Law Faculty Publications

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1995

The Mandatory Arrest Law: Police Reaction, Kevin Walsh
Pace Law Review

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Prosecutorial Misconduct in Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Fictions, Fault, and Forgiveness: Jury Nullification in a New Context, David N. Dorfman
Elisabeth Haub School of Law Faculty Publications

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New Insights on Waiver and the Inadvertent Disclosure of Privileged Materials: Attorney Responsibility as the Governing Precept, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications

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1994

Draft Charter of the International Tribunal for Violations of International Humanitarian Law in the Former Yugoslavia,
Pace International Law Review

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Whose Crime is it Anyway?: Liability for the Lethal Acts of Nonparticipants in the Felony, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications

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The Gate is Open but the Door is Locked - Habeas Corpus and Harmless Error, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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The Right to Effective Assistance of Appellate Counsel, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications

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1993

Defending the Poor, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Themes of Injustice: Wrongful Convictions, Racial Prejudice, and Lawyer Incompetence, Bennett l. Gershman
Elisabeth Haub School of Law Faculty Publications

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A Moral Standard for the Prosecutor's Exercise of the Charging Discretion, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1992

Tricks Prosecutors Play, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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The New Prosecutors, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1991

Judicial Misconduct During Jury Deliberations, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1990

The Most Fundamental Change in the Criminal Justice System: The Role of the Prosecutor in Sentence Reduction, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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The Adversarial System at Risk, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Gideon v. Wainwright Revisited: What Does the Right to Counsel Guarantee Today?, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications

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What Was Discovered in the Quest for Truth?, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications

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1989

The Thin Blue Line: Art or Trial in the Fact-Finding Process?, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1988

The Prosecutor as "Minister of Justice", Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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The Prosecutor's Obligation to Grant Defense Witness Immunity, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Proving the Defendant's Bad Character, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1986

Review of "Vigilante: The Backlash Against Crime in America" by William Tucker, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications

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Whose Right Is It Anyway?: Rethinking Competency to Stand Trial in Light of the Synthetically Sane Insanity Defendant, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications

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Attorney Loyalty and Client Perjury - A Postscript to Nix v. Whiteside, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Why Prosecutors Misbehave, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1985

"Guilty But Mentally Ill": The Real Verdict is Guilty, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications

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The Burger Court and Prosecutorial Misconduct, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1983

Toward a Common Law for Undercover Investigations - A Book Review of ABSCAM Ethics: Moral Issues and Deception in Law Enforcement, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1982

Abscam, the Judiciary, and the Ethics of Entrapment, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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Entrapment, Shocked Consciences, and the Staged Arrest, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1981

The Juvenile Offender Act: Effectiveness and Impact on the New York Juvenile Justice System, Merril Sobie
Elisabeth Haub School of Law Faculty Publications

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The "Perjury Trap", Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications

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1980

Due Process Versus Data Processing: An Analysis of Computerized Criminal History Information Systems, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications

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Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications

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