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Articles 1 - 30 of 46
Full-Text Articles in Entire DC Network
The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies
The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies
Duke Law Journal
Ignorantia legis non excusat-ignorance of the law does not excuse-is a centuries-old criminal law maxim familiar to lawyer and layperson alike. Under the doctrine, an accused finds little protection in the claim "But, I did not know the law," for all are presumed either to be familiar with the law's commands or to proceed in ignorance at their own peril. The ignorant must be punished along with the knowing, the maxim teaches, to achieve a better educated and more law-abiding populace and to avoid the easy-to-assert and difficult-to-dispute claim of ignorance that would otherwise flow from the lips of any …
The Federalization Of Crime And Sentencing, Nora V. Demleitner
The Federalization Of Crime And Sentencing, Nora V. Demleitner
Scholarly Articles
Not available.
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen
Law and Contemporary Problems
Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Law and Contemporary Problems
Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.
Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss
Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons
Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons
Scholarly Works
No abstract provided.
Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson
Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson
Indiana Law Journal
No abstract provided.
The Universality Principle And War Crimes, Yoram Dinstein
The Universality Principle And War Crimes, Yoram Dinstein
International Law Studies
No abstract provided.
At Least Treat Us Like Criminals: South Carolina Responds To Victims' Pleas For Equal Rights, Thad H. Westbrook
At Least Treat Us Like Criminals: South Carolina Responds To Victims' Pleas For Equal Rights, Thad H. Westbrook
South Carolina Law Review
No abstract provided.
Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey
Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey
Indiana Law Journal
No abstract provided.
Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan
Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan
Alaska Law Review
No abstract provided.
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
Qualified Immunity: Ignorance Excused, Barbara E. Armacost
Qualified Immunity: Ignorance Excused, Barbara E. Armacost
Vanderbilt Law Review
Public officials receive qualified immunity from damages liability for constitutional violations if they reasonably could have believed their actions were constitutional under clearly established law. In this regard qualified immunity is quite unusual. In most other legal contexts, failure to know the law is virtually never excused. The only other context where notice or knowledge of illegality plays any role is in criminal law, but even mistakes of penal law are rarely excused.
In this Article, Professor Armacost uses fair notice in criminal law as a paradigm for analyzing the role of notice in constitutional damages actions. She argues that …
Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman
Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman
Law Faculty Scholarly Articles
This Article discusses the potential use of electronic cash for money laundering and possible government responses to the problem. Parts I and II provide an overview of electronic cash. Part III explores the effects that electronic cash can have on money laundering. Part IV explains through a series of hypotheticals how "cyberlaundering" can occur. Part V analyzes the federal government's response to the threat of money laundering with electronic cash. Part VI concludes the Article with suggestions.
Legal Images Of Motherhood: Conflicting Definitions From Welfare Reform Family And Criminal Law , Jane C. Murphy
Legal Images Of Motherhood: Conflicting Definitions From Welfare Reform Family And Criminal Law , Jane C. Murphy
Cornell Law Review
No abstract provided.
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
All Faculty Scholarship
Part I of this Article explores the traditional idealized view of motherhood that child placement statutes and court decisions reflect. These laws include statutes and case law in custody disputes between parents and in child protection proceedings under civil and criminal laws where the dispute is between the parent and the state. Part II contrasts the legal construct of motherhood that child placement laws embody with the legal image of mothers in child support and welfare law.
Part III examines the impact of these conflicting images of motherhood on a particular group of mothers -- battered women. Battered women illuminate …
Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle
Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle
ILSA Journal of International & Comparative Law
Since the late 1970's, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines.
Bribery In Commerce - New Zealand, Frank X. Quin Mr
Bribery In Commerce - New Zealand, Frank X. Quin Mr
Frank X Quin
New Zealand's criminal law on bribery dates back nearly 100 years with virtually no attention to revision or reform over that period, reflecting (perhaps) the country's relatively corruption-free status. Yet there remains ambiguity on just what comes within the ambit of the criminal offences and, especially, what is meant by "corruptly".
The Criminal Regulation Of Lawyers, Bruce A. Green
The Criminal Regulation Of Lawyers, Bruce A. Green
Fordham Law Review
No abstract provided.
Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing
Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing
Journal of Law and Health
The focus of this Note is the upcoming development of a new tort cause of action which would afford battered women full recovery and also help alleviate a growing public health epidemic. This Note argues that battered women syndrome is a valid psychological theory which has a place in civil litigation as a recognized cause of action. Although the theory is criticized by feminist scholars who believe that the testimony may perpetuate gender bias in criminal trials, the syndrome is still advantageous for women seeking redress in civil courts. Part I examines the phenomenon of battered women syndrome and its …
Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler
Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler
Cleveland State Law Review
We should always be looking to see where we are, how we got there, and where we appear to be going. My purpose in this article has been to ask those questions in the context of rape law. In evaluating rape reform, I have tried to be fair-minded and balanced in my observations. I have suggested areas in which the law should go further to protect against sexual misconduct, but I have also expressed my belief that rape law reform threatens to move in undesirable directions. In particular, I have argued that there is a risk that courts will follow …
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis
Fordham Law Review
No abstract provided.
The Relevance Of "Execution Impact" Testimony As Evidence Of Capital Defendants' Character, Darcy F. Katzin
The Relevance Of "Execution Impact" Testimony As Evidence Of Capital Defendants' Character, Darcy F. Katzin
Fordham Law Review
No abstract provided.
An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker
An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker
Fordham Law Review
No abstract provided.
Exiling The New Felons: The Consequences Of The Retroactive Application Of Aggravated Felony Convictions To Lawful Permanent Residents
San Diego Law Review
Aliens who commit serious crimes must undoubtedly be deported. American citizens need neither endure the atrocities committed by alien terrorists nor continue to subsidize the unstoppable river of illegal aliens flowing across the borders. Today, over four million illegal aliens live in the United States; at least a quarter of a million more undocumented aliens enter this country each year,' contributing to the serious immigration problems suffered by the United States. Though the concerns raised by immigration policies have periodically surfaced during the last few decades, both legal immigrants and illegal aliens were largely ignored or tolerated during much of …
Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard Harcourt
Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard Harcourt
Faculty Scholarship
In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …