American Criminal Law Review articles from January 2002

American Criminal Law Review archives from January 2002

Diabolical federalism: a functional critique and proposed reconstruction of death penalty federal habeas.
January 1, 2002... I. INTRODUCTION In a 1977 article entitled Dialectical Federalism: Habeas Corpus and the Court, (1) Professor Robert M. Cover and T. Alexander Aleinikoff argued that two major principles--redundancy and indirection--drove the Warren...

Anti-gang ordinances after City of Chicago v. Morales: the intersection of race, vagueness doctrine, and equal protection in the criminal law.
January 1, 2002... The rule of law, evenly applied to minorities as well as majorities, to the poor as well as the rich, is the great mucilage that holds society together. -- Justice William O. Douglas, 1972 (1) It seems there are two laws....

Are investors listening when politicians speak? Assessing the securities fraud liability of political officials who manage large civic works projects.
January 1, 2002... I. INTRODUCTION Over the last twenty years, the municipal securities (1) market has evolved from being largely unknown and unregulated to being amongst the foremost regulatory priorities of the Securities and Exchange Commission ("SEC")....

Preserving justice and preventing prejudice: requiring disclosure of substantial exculpatory evidence to the grand jury.
January 1, 2002... INTRODUCTION The Fifth Amendment provides that an individual cannot be held to answer a felony offense unless the grand jury has rendered indictment or presentment on the charges. (1) The allure of this amendment is that it "presupposes an...