Michael Kaye Publications, Presentations, and Other Activity

Articles in Law Reviews and Other Scholarly Journals

"When Does a Company's Standard Document Destruction Policy Become Criminal Witness Tampering?" 2004-2005:7 Preview of United States Supreme Court Cases 405 (April 2005)

"When Can a Judge Revoke a Mid-Trial Order of Acquittal Without Violating the Double Jeopardy Clause?" 2004-2005:3 Preview of United States Supreme Court Cases 169 (November 2004)

"When Can an Arrest Be Upheld Even After the Grounds Given by the Arresting Officer Prove Unfounded?" 2004-2005:2 Preview of United States Supreme Court Cases 93 (October 2004)

"When is a Violation of Rule 11(e) of the Federal Rules of Criminal Procedure Reversible Error?" 2003-2004:7 Preview of United States Supreme Court Cases 424 (April 2004)

"When Can the Police Search a Car's Passenger Compartment as an Incident to the Driver's Arrest?" 2003-2004:6 Preview of United States Supreme Court Cases 323 (March 2004)

"Should a Court Consider a Juvenile Suspect's Age and Experience When Deciding if Police Questioning is Custodial under Miranda?" 2003-2004:5 Preview of United States Supreme Court Cases 271 (February 2004)

"Must Courts Advise Pro Se Defendants of the Specific Risks of Not Having a Lawyer?" 2003-2004:4 Preview of United States Supreme Court Cases 225 (January 2004)

"When May the Police Arrest All the Occupants of a Vehicle in Which Drugs are Found?" 2003-2004:2 Preview of United States Supreme Court Cases 62 (October 2003)

"When Should a Judge's Decision to Re-label a Post-Conviction Motion Bar a Subsequent Habeas Petition?" 2003-2004:1 Preview of United States Supreme Court Cases 36 (September 2003)

"When Will Retroactively Changing a Statute of Limitations Violate the Ex Post Facto Clause?" 2002-2003:6 Preview of United States Supreme Court Cases 386 (March 2003)

"Does the Deliberate Withholding of Miranda Warnings Before Questioning Bar Later Admissions After the Suspect Has Been Mirandized?" 2003-2004:3 Preview of United States Supreme Court Cases 152 (November 2003)

"Can the Police Coerce a Suspect's Confession so Long as It Is Not Used at Trial?" 2002-2003:3 Preview of United States Supreme Court Cases 182 (November 2002)

"Do Federal Courts Have the Authority to Restore a Felon's Right to Possess a Gun?" 2002-2003:1 Preview of United States Supreme Court Cases 26 (October 2002)

"Who Decides Whether a Fact Requiring a Mandatory Minimum Sentence Is True?" 2001-2002:6 Preview of United States Supreme Court Cases 335 (March 2002)

"When Can a Housing Agency Evict a Tenant for the Drug Related Activity of Others?" 2001-2002:5 Preview of United States Supreme Court Cases 262 (February 2002)

"Must an Inmate Bringing a Claim for Excessive Force Exhaust Available Administrative Remedies?" 2001-2002:4 Preview of United States Supreme Court Cases 203 (January 2002)

"Can a Court Hold That Some Facts Are Not Suspicious as a Matter of Law?" 2001-2002:3 Preview of United States Supreme Court Cases 160 (November 2001)

"Kansas Diversion: Will Courts Become More Involved?," 56 J. Kan. B.A. 6-15 (1987).

Coauthored, "Trial de Novo: An Attitudinal Profile of Two - Tiered Lower Criminal Courts," 10 L. & Psychology Rev. 19 (1986).

Coauthored, "Legal and Psychological Implications of DWI Roadblocks: Emotional Reaction to Roadblock Scenarios," 36 Psychological Rec. 3 (1986).

Coauthored, "An Attitudinal Study of Kansas' Two-Tier Trial System," 54 J. Kan. B.A. 212 (1985).

Books and Monographs

"DWI Roadblocks: The Legislator's Turn." Part of a monograph published by the American Bar Association Criminal Justice Section (January 1986).

Book Reviews

Book Review, "Free Congress Research and Education Foundation Criminal Justice Reform; a Blueprint Reviewed". 21 Crim. L. Bull. 92 (1985).

Book Review, "Rights on Trial," 49 Sci. & Soc. 494. A Juried Publication of City University of New York (1985).

Book Review, "Criminal Justice Reform: A Blueprint," 21 Crim. L. Bull. 92 (1985).

Other Publications

"Criminal Code," Vernon's Kansas Statutes Annotated, Volumes 10-11, annual supplements, 2002-2008. (Thomson/West).

"Code of Criminal Procedure," Vernon's Kansas Statutes Annotated, Volumes 12-13, annual supplements, 2002-2008. (Thomson/West).

Defending Misdemeanor and City Ordinance Violation Cases, Washburn University, Fall 1992.

Recent Developments in the Criminal Law in Kansas, Washburn Law School, Spring 1992.

Environmental Law Crimes, Faculty Lecturer, Washburn Law School, Fall 1992.

Misdemeanor Defense and De Novo Trial Practice, Washburn Law School, Fall 1992.

DUI Defense Institute organized and presented Ethics section, Washburn Law School, Winter 1992.

Presentations

Panelist, "Cars, Cops, and Traffic Stops: Who's Right?," Dorothy L. Thompson Civil Rights Lecture Series, Kansas State University, Manhattan, Kansas, October 12, 2010.

Moderator, "Guns on Campus? The New Understanding of the Right to Bear Arms," A Dialogue, Discussion, and Debate sponsored by the Dorothy L. Thompson Civil Rights Lecture Series in celebration of Constitution Day, Kansas State University, Manhattan, Kansas, September 16, 2009.

Moderator, "Innovations in Timing, Structure, and Delivery of Jury Instructions," Writing to Win: Plain Language Jury Instructions, Washburn University School of Law (Topeka, Kansas), April 7, 2008.

Addressed the Papan's Landing Senior Center on the Impeachment Controversy. January, 1999.

Search and Seizure Seminar (Overland Park, Topeka, Wichita), November, 1998. presenter.

Addressed the Kansas Judicial Association on a recent study of jury behavior and participated in a panel discussion concerning the study. August, 1998.

Litigation Institute (Washburn Law School). July, 1998, presenter and coordinator.

Criminal Law and Criminal Procedure Update (Washburn law School). June 1998.

DUI Institute (Washburn Law School). May 1998, coordinator.

National Institute for Trial Advocacy, Midwest Regional Program, Northwestern University Law School. March, 1998.

Media Interviews

"Defendant Alleges Poor Counsel in Capital Trial," CJOnline / The Topeka Capital-Journal (December 22, 2008).