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The Reclassification Of Extreme Pornographic Images, Andrew D. Murray Jan 2009

The Reclassification Of Extreme Pornographic Images, Andrew D. Murray

Professor Andrew D Murray

Legal controls over the importation and supply of pornographic imagery promulgated nearly half a century ago in the Obscene Publications Acts have proven to be inadequate to deal with the challenge of the internet age. With pornographic imagery more readily accessible in the UK than at any time in our history, legislators have been faced with the challenge of stemming the tide. One particular problem has been the ready accessibility of extreme images which mix sex and violence or which portray necrophilia or bestiality. This article examines the Government’s attempt to control the availability of such material through s.63 of …


Rights Of Arrested Person- Case Analysis, Mubashshir Sarshar Jan 2009

Rights Of Arrested Person- Case Analysis, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John T. Stinson Jan 2009

Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John T. Stinson

John T Stinson Jr.

This article examines how "get tough" law enforcement policies like Project EXILE, which target otherwise underserved low-income communities, often result in deeper rifts between poor neighborhoods and "mainstream society." The article contrasts the Maryland EXILE program implemented in Baltimore City by the U.S. Attorney, D. Md., with the "Stop Snitching" phenomenon, concluding that both work together to advance the erosion of the traditional social contract thought to undergird American democracy.


An Attack On Self-Defense, Reid G. Fontaine Jan 2009

An Attack On Self-Defense, Reid G. Fontaine

Reid G. Fontaine

Debate about the distinction between justification and excuse in criminal law theory has been lively during the last thirty years. Questions as to the nature and structure of various affirmative defenses continue to be raised, and the doctrine of self-defense has been at the center of much discussion. Three main articulations have been advanced: a purely objective theory, a purely subjective theory, and an objective/subjective hybrid. In the present Article, I support a hybrid model and propose a three-requirement framework that delineates the criteria that must be met to satisfy self-defense as a legitimate justification. Because this three-requirement framework raises …


Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit Jan 2009

Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit

Nancy Levit

This article concentrates on the theory of narrative or storytelling and addresses the reasons it is vital to encourage in law schools in non-clinical or primarily doctrinal courses. Section I traces the advent of storytelling in legal theory and practice: while lawyers have long recognized that part of their job is to tell their clients' stories, the legal academy was, for many years, resistant to narrative methodologies. Section II examines the current applications of Writing Across the Curriculum in law schools. Most exploratory writing tasks in law school come in clinical courses, although a few adventurous professors are adding reflective …


No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric Blumenson Jan 2009

No Rational Basis: The Pragmatic Case For Marijuana Law Reform, Eric Blumenson

Eric Blumenson

This article presents a critique of marijuana prohibition and suggests some alternative regulatory approaches that would be more productive and consonant with justice. Part I relies on a forty-year empirical record to demonstrate that (1) reliance on a law enforcement approach has aggravated rather than mitigated the risks involved with marijuana use, and (2) criminalization, which results in the arrest of more than 700,000 Americans annually for possession of any amount of marijuana, is an inhumane and destructive response to an act that almost 100 million Americans have committed. Part II assesses the relative merits of several alternative reform policies, …