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Articles 31 - 60 of 124
Full-Text Articles in Entire DC Network
Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones
Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones
Journal of Criminal Law and Criminology
No abstract provided.
"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell
"Behind This Mortal Bone": The (In)Effectiveness Of Torture, Jeannine Bell
Indiana Law Journal
This Essay addresses the theoretical debate on torture in an empirical way. It urges that as part of our evaluation of the merits of torture, we take a shrewd look at the quality of information brutal interrogations produce. The Essay identifies widespread belief in what the author identifies as the "torture myth "-the idea that torture is the most effective interrogation practice. In reality, in addition to its oft-acknowledged moral and legal problems, the use of torture carries with it a host of practical problems which seriously blunt its effectiveness. This Essay demonstrates that contrary to the myth, torture and …
The Blaming Function Of Entity Criminal Liability, Samuel W. Buell
The Blaming Function Of Entity Criminal Liability, Samuel W. Buell
Indiana Law Journal
Application of the doctrine of entity criminal liability, which had only a thin tortlike rationale at inception, now sometimes instantiates a social practice of blaming institutions. Examining that social practice can ameliorate persistent controversy over entity liability's place in the criminal law. An organization's role in its agent's bad act is often evaluated with a moral slant characteristic of judgments of criminality and with inquiry into whether the institution qua institution contributed to the agent's wrong. Legal process, by lending clarity and authority, enhances the communicative impact, in the form of reputational effects, of blaming an institution for a wrong. …
Reforming The Crime Of Libel, Clive Walker
Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis
Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Prom Mom Killers: The Impact Of Blame Shift And Distorted Statistics On Punishment For Neonaticide, Lynne Marie Kohm, Thomas Scott Liverman
Prom Mom Killers: The Impact Of Blame Shift And Distorted Statistics On Punishment For Neonaticide, Lynne Marie Kohm, Thomas Scott Liverman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing
Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing
Michigan Journal of Race and Law
Sadly, the de-Americanization process is capable of reinventing itself generation after generation. We have seen this exclusionary process aimed at those of Jewish, Asian, Mexican, Haitian, and other descent throughout the nation's history. De-Americanization is not simply xenophobia, because more than fear of foreigners is at work. This is a brand of nativism cloaked in a Euro-centric sense of America that combines hate and racial profiling. Whenever we go through a period of de-Americanization like what is currently happening to South Asians, Arabs, Muslim Americans, and people like Wen Ho Lee-a whole new generation of Americans sees that exclusion and …
Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman
Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman
Journal of Criminal Law and Criminology
No abstract provided.
Learning From The Past, Living In The Present: Understanding Homicide In Chicago, 1870-1930, Leigh B. Bienen, Brandon Rottinghaus
Learning From The Past, Living In The Present: Understanding Homicide In Chicago, 1870-1930, Leigh B. Bienen, Brandon Rottinghaus
Journal of Criminal Law and Criminology
No abstract provided.
Foreword: Terrorism And Utilitarianism: Lessons From, And For, Criminal Law, Paul Butler
Foreword: Terrorism And Utilitarianism: Lessons From, And For, Criminal Law, Paul Butler
Journal of Criminal Law and Criminology
No abstract provided.
Islam And The Death Penalty, William A. Schabas
Islam And The Death Penalty, William A. Schabas
William & Mary Bill of Rights Journal
Capital punishment is not practiced by a majority of the world's states. Anti-capital punishment domestic policies have led to an international law of human rights that emphatically prohibits cruel and inhuman punishment. International concern for the abolition of capital punishment has prompted Islamic states that still endorse and practice the death penalty to respond with equally compelling concerns based on the tenets of Islamic law. Professor William A. Schabas suggests that Islamic states view capital punishment according to the principles embodied in the Koran. Islamic law functions on the belief that all people have a right to life unless the …
Drawing A Distinction Between Bootleg And Counterfeit Recordings And Implementing A Market Solution Towards Combating Music Piracy In Europe, Clifford A. Congo
Drawing A Distinction Between Bootleg And Counterfeit Recordings And Implementing A Market Solution Towards Combating Music Piracy In Europe, Clifford A. Congo
Penn State International Law Review
No abstract provided.
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Penn State International Law Review
No abstract provided.
The Political Offence Exception And Terrorism: Its Place In The Current Extradition Scheme And Proposals For Its Future, R. Stuart Phillips
The Political Offence Exception And Terrorism: Its Place In The Current Extradition Scheme And Proposals For Its Future, R. Stuart Phillips
Penn State International Law Review
No abstract provided.
The O.J. Simpson Case Revisited, George Anastaplo
The O.J. Simpson Case Revisited, George Anastaplo
Loyola University Chicago Law Journal
No abstract provided.
The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis
The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis
Penn State International Law Review
No abstract provided.
Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson
Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson
Fordham Urban Law Journal
In response to Richard Aborn's article "The Battle Over the Brady Bill and the Future of Gun Control Advocacy, Johnson argues that Aborn's "bad gun formula" trivializes the Second Amendment, ignores issues vital to the gun control debate, and obfuscates what should ultimately need to be a choice between an armed citizenry or a disarmed one. Aborn's article suggests no real changes and does not effectively advance the debate.
The Police And Violent Crime, Joseph D. Mcnamara
The Police And Violent Crime, Joseph D. Mcnamara
Washington and Lee Law Review
No abstract provided.
Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson
Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson
Dalhousie Law Journal
It seems appropriate at the onset to set out something of what the disciplines of law, medicine and social work know about family violence and when, during recent years, this knowledge came to the attention of professionals, the public and legislature. We can then, perhaps, judge whether our existing laws, rules of evidence and procedure take this information adequately into account in dealing with cases of violence within the family. Whilst solving these problems takes time, and law often lags behind the behavioural sciences, the question arises whether the lag is too long and whether differences between experts in the …
Keynote Address: Predators And Politics, Norval Morris
Keynote Address: Predators And Politics, Norval Morris
Seattle University Law Review
The following article is a transcription of portions of Mr. Morris's keynote address presented at the Predators and Politics Symposium on March 9, 1992 at the University of Puget Sound School of Law.
Less Corn And More Hell: The Application Of Rico To Financial Institutions, Edward F. Manning
Less Corn And More Hell: The Application Of Rico To Financial Institutions, Edward F. Manning
Villanova Law Review
No abstract provided.
Requiring Jury Instructions On Eyewitness Identification Evidence At Federal Criminal Trials, Michael H. Hoffheimer
Requiring Jury Instructions On Eyewitness Identification Evidence At Federal Criminal Trials, Michael H. Hoffheimer
Journal of Criminal Law and Criminology
No abstract provided.
Alcoholism, Intoxication, And The Criminal Law, Steven S. Nemerson
Alcoholism, Intoxication, And The Criminal Law, Steven S. Nemerson
Cardozo Law Review
No abstract provided.
"The Laws Are Like Cobwebs": Popular Resistance To Authority In Mid-Nineteenth Century British North America, Michael S. Cross
"The Laws Are Like Cobwebs": Popular Resistance To Authority In Mid-Nineteenth Century British North America, Michael S. Cross
Dalhousie Law Journal
The three men began their work on the morning of 26 January 1850. They were in the snowy street of the village of St.-Grrgoire le Grand, on the St. Lawrence south shore, to assess the population for school taxes. Hardly had they begun when they were confronted by a mob of three hundred angry men who ordered them to stop, tore up and burned their assessment books, and warned them not to attempt to carry out the government's work. A week later, on 2 February, the assessors went to the grand jury of the Court of Queen's Bench at Trois …
Improper Use Of The Federal Grand Jury: An Instrument For The Internment Of Political Activists, Michael E. Deutsch
Improper Use Of The Federal Grand Jury: An Instrument For The Internment Of Political Activists, Michael E. Deutsch
Journal of Criminal Law and Criminology
No abstract provided.
A Political Theory Of Political Trials, Ronald Christenson
A Political Theory Of Political Trials, Ronald Christenson
Journal of Criminal Law and Criminology
No abstract provided.
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Michigan Law Review
In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.
Duress As A Defence To Murder, John Beaumont
Duress As A Defence To Murder, John Beaumont
Dalhousie Law Journal
It is perhaps not surprising that in an age which has witnessed an ever increasing amount of terrorist activity, an opportunity should arise for the courts to examine the present status of the defence of duress in the criminal law. Such an opportunity was afforded to the House of Lords recently in Director of Public Prosecutions for Northern Ireland v. Lynch.