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Articles 31 - 60 of 249
Full-Text Articles in Entire DC Network
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
A Rational Theory Of Mitigation And Aggravation In Sentencing: Why Less Is More When It Comes To Punishing Criminals, Mirko Bagaric
Buffalo Law Review
No abstract provided.
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser
Buffalo Intellectual Property Law Journal
Historically speaking, legal fiction assumes that identity and the credentials proving identity are one and the same. It is an important fiction that allows us to access information associated with our identity and restrict others from doing the same. Crimes of identity theft are commonly manifested through the usurpation of one's credentials to falsely verify identity. Legal doctrine such as agency theory makes the assumption that identity and credentials are only transferrable together. Technology, especially the Internet, alters this fiction by allowing the creation of multiple credentials that enable access to multiple identities manifested throughout the world. The one-to-one relationship …
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Justice Kennedy, The Purposes Of Capital Punishment, And The Future Of Lackey Claims, Brent E. Newton
Buffalo Law Review
No abstract provided.
Reframing Domestic Violence As Terrorism Or Torture, Isabel Marcus
Reframing Domestic Violence As Terrorism Or Torture, Isabel Marcus
Journal Articles
No abstract provided.
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins
20 Years Of Domestic Violence Advocacy, Collaborations, And Challenges: Reflections Of A Clinical Law Professor, Suzanne E. Tomkins
Journal Articles
No abstract provided.
Comparative Criminal Law, Luis E. Chiesa
Comparative Criminal Law, Luis E. Chiesa
Contributions to Books
Published as Chapter 47 in The Oxford Handbook of Criminal Law, Markus Dubber & Tatjana Hörnle, eds.
Criminal law is a parochial discipline. Courts and scholars in the English speaking world seldom take seriously the criminal statutes, cases and scholarly writings published in the non-English speaking world. The same is true the other way around. This is unfortunate. Much can be learned from comparing the way in which the world’s leading legal systems approach important questions of criminal theory.
This Chapter introduces the reader to comparative criminal law with the aim of demonstrating how comparative analysis can enrich both domestic …
The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann
The Rise And Fall Of The Unwritten Law: Sex, Patriarchy, And Vigilante Justice In The American Courts, Lawrence M. Friedman, William E. Havemann
Buffalo Law Review
No abstract provided.
Jeremy Horder's Homicide And The Politics Of Law Reform, Guyora Binder
Jeremy Horder's Homicide And The Politics Of Law Reform, Guyora Binder
Book Reviews
No abstract provided.
The Reliability And Admissibility Of Fingerprint And Bitemark Analyses, David Chandler
The Reliability And Admissibility Of Fingerprint And Bitemark Analyses, David Chandler
Buffalo Public Interest Law Journal
No abstract provided.
Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy
Identifying And Depicting Culture In Intimate Partner Violence Cases, Remla Parthasarathy
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp
Conspiracy Of Silence: Honour-Based Violence In North America, Aruna Papp
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
The Credit Industry And Identity Theft: How To End An Enabling Relationship, Eric T. Glynn
The Credit Industry And Identity Theft: How To End An Enabling Relationship, Eric T. Glynn
Buffalo Law Review
No abstract provided.
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Bright Lines, Black Bodies: The Florence Strip Search Case And Its Dire Repercussions, Teresa A. Miller
Journal Articles
Part I is a brief history of Search and Seizure law, focusing on seismic doctrinal shifts that occurred from the 1950s to the present. As a framework for the important cases, the Founders’ concerns about abuse of governmental authority are discussed, as well as the rights protected by the Fourth Amendment. Various governmental programs will also be presented, such as the War on Drugs and its call for a large-scale federal anti-drug policy, first initiated by President Richard Nixon in 1969. Part II is a description of the central reasoning presented in Florence v. Board of Chosen Freeholders, including the …
Authority To Proscribe And Punish International Crimes, Guyora Binder
Authority To Proscribe And Punish International Crimes, Guyora Binder
Journal Articles
Although criminal jurisdiction is usually exercised by governments, offenses can also be proscribed by international law, and punishment can be imposed by international tribunals. This article critically examines the legitimacy of such exercises of international criminal jurisdiction. It reasons that criminal law can plausibly be justified as a cooperative institution that achieves the public good of a rule of law, with its attendant benefits of social peace and equal dignity of persons. It then argues that such a beneficial rule of law requires a punishing authority with the executive capacity to protect those it claims to regulate. It would follow …
Commentary: Pleau-Sharing, Jonah J. Horwitz
Commentary: Pleau-Sharing, Jonah J. Horwitz
The Docket
In light of recent debate about the proper roles of federal and state governments, Jonah J. Horwitz laments how little attention has been paid to federal encroachment on the prosecution of commonplace crimes, specifically as it pertains to the death penalty controversy in United States v. Pleau.
Encountering Attica: Documentary Filmmaking As Pedagogical Tool, Teresa A. Miller
Encountering Attica: Documentary Filmmaking As Pedagogical Tool, Teresa A. Miller
Journal Articles
No abstract provided.
Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura
Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura
Buffalo Public Interest Law Journal
No abstract provided.
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Forging Links And Renewing Ties: Applying The Principles Of Restorative And Procedural Justice To Better Respond To Criminal Offenders With A Mental Disorder, Thomas L. Hafemeister, Sharon G. Garner, Veronica E. Bath
Buffalo Law Review
No abstract provided.
When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore
When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's … Constitutional?, Harvey Gilmore
Buffalo Public Interest Law Journal
No abstract provided.
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti
Buffalo Public Interest Law Journal
No abstract provided.
Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton
Prisoner-On-Prisoner Sexual Harassment: The Prevalence, Severity, And Lack Of Legal Recourse, Jayla Burton
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Jurisdiction, Treaties, And Due Process, Roberto Iraola
Buffalo Law Review
No abstract provided.
Prosecution Without Representation, Douglas L. Colbert
Prosecution Without Representation, Douglas L. Colbert
Buffalo Law Review
No abstract provided.
Knowledge, Risk, And Wrongdoing: The Model Penal Code's Forgotten Answer To The Riddle Of Objective Probability, Eric A. Johnson
Knowledge, Risk, And Wrongdoing: The Model Penal Code's Forgotten Answer To The Riddle Of Objective Probability, Eric A. Johnson
Buffalo Law Review
No abstract provided.
Making The Best Of Felony Murder, Guyora Binder
Making The Best Of Felony Murder, Guyora Binder
Journal Articles
Although scorned as irrational by academics, the felony murder doctrine persists as part of our law. It is therefore important that criminal law theory show how the felony murder doctrine can be best justified, and confined within its justifying principles. To that end, this Article seeks to make the best of American felony murder laws by identifying a principle of justice that explains as much existing law as possible, and provides a criterion for reforming the rest. Drawing on the moral intuition that blame for harm is properly affected by the actor’s aims as well as the actor’s expectations, this …
Punishing Without Free Will, Luis E. Chiesa
Punishing Without Free Will, Luis E. Chiesa
Journal Articles
Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …
Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins
Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins
Buffalo Law Review
No abstract provided.
When An Offense Is Not An Offense: Rethinking The Supreme Court's Reasonable Doubt Jurisprudence, Luis E. Chiesa
When An Offense Is Not An Offense: Rethinking The Supreme Court's Reasonable Doubt Jurisprudence, Luis E. Chiesa
Journal Articles
No abstract provided.
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller
Journal Articles
This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift away …
Rape Victims As Mockingbirds: A Law And Linguistics Analysis Of Cross-Examination Of Rape Complainants, Sara D. Schotland
Rape Victims As Mockingbirds: A Law And Linguistics Analysis Of Cross-Examination Of Rape Complainants, Sara D. Schotland
Buffalo Journal of Gender, Law & Social Policy
No abstract provided.