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Articles 121 - 135 of 135
Full-Text Articles in Entire DC Network
Booth V. Maryland And The Individual Vengeance Rationale For Criminal Punishment, Paul Boudreaux
Booth V. Maryland And The Individual Vengeance Rationale For Criminal Punishment, Paul Boudreaux
Journal of Criminal Law and Criminology
No abstract provided.
Resource Deprivation And The Right To Counsel, Joe Margulies
Resource Deprivation And The Right To Counsel, Joe Margulies
Journal of Criminal Law and Criminology
No abstract provided.
Wisconsin Sentence Modification: A View From The Trial Court, Kate Kruse, Kim E. Patterson
Wisconsin Sentence Modification: A View From The Trial Court, Kate Kruse, Kim E. Patterson
Faculty Scholarship
In Wisconsin, trial courts have discretion to modify a defendant's criminal sentence if the defendant introduces a "new factor." Published Wisconsin case law gives little guidance on what constitutes a new factor. The Wisconsin Supreme Court has declined to find a new factor present in every case it has published since defining "new factor" in 1978. Because of ambiguous and conflicting rulings, the standards for both prongs of the new factor definition remain unclear. This Comment attempts to shed light on the new factor requirement for sentence modification by examining Wisconsin trial court decisions on a limited sample of sentence …
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Faculty Scholarship
This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne
Faculty Publications
No abstract provided.
On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann
On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Beyond Parity: Section 1983 And The State Courts, Susan Herman
Beyond Parity: Section 1983 And The State Courts, Susan Herman
Faculty Scholarship
No abstract provided.
Seasoned To The Use, Carol Sanger
Seasoned To The Use, Carol Sanger
Faculty Scholarship
Two recent novels, Presumed Innocent and The Good Mother, have more in common than critical success, longevity on best-seller lists and big-name movie adaptations. Both books are about law: Presumed Innocent is a tale of murder in the big city; The Good Mother is the story of a custody fight over a little girl. Central characters in both books are lawyers. Turow is a lawyer, and Miller thanks lawyers. While the books could be classified in other ways – Presumed Innocent as mystery, The Good Mother as women's fiction – each meets a suggested genre specification of a legal novel: …
Some Doubts Concerning The Selection Hypothesis Of George Priest, Douglas O. Linder
Some Doubts Concerning The Selection Hypothesis Of George Priest, Douglas O. Linder
Faculty Works
No abstract provided.
Congress And Genocide: They're Not Going To Get Away With It, Jordan J. Paust
Congress And Genocide: They're Not Going To Get Away With It, Jordan J. Paust
Michigan Journal of International Law
Today at least, it is generally recognized that genocide is a crimen contra omnes, a crime under customary international law over which there is universal enforcement jurisdiction and responsibility. Indeed, it is commonly expected that the prohibition of genocide is a peremptory norm of customary international law, a jus cogens allowing no form of derogation under domestic or treaty-based law. It is also commonly understood that the definition of genocide contained in the Convention on the Prevention and Punishment of the Crime of Genocide defines that which is prohibited by customary jus cogens.
Judges, Lawyers And The Penalty Of Death, Michael E. Tigar
Judges, Lawyers And The Penalty Of Death, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Islands Of Conscious Power: Louis D. Brandeis And The Modern Corporation, Richard Adelstein
Islands Of Conscious Power: Louis D. Brandeis And The Modern Corporation, Richard Adelstein
Richard Adelstein
An intellectual portrait of Louis Brandeis and the contradictions in his philosophy and public life.
Double Inchoate Crimes, Ira P. Robbins
Double Inchoate Crimes, Ira P. Robbins
Ira P. Robbins
I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim
I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim
Frank Pommersheim
No abstract provided.