Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 18 of 18
Full-Text Articles in Entire DC Network
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Hofstra Law Review
A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …
The High Cost Of Low Sanctions, Irina D. Manta
The High Cost Of Low Sanctions, Irina D. Manta
Hofstra Law Faculty Scholarship
Low sanctions can initially appear to be a mitigating factor for unjust or inefficient laws, but this perception is likely wrong. This Article argues that low sanctions may have a pernicious effect on the democratic process and on legislative rule making because, as both public choice theory and historical precedent suggest, the laws accompanying these sanctions are more likely to perpetuate themselves and become part of the unquestioned background fabric of society. This Article focuses on intellectual property law (in particular, copyright) and examines the progression of suboptimal laws through widespread low sanctions that may mostly escape the public eye …
Not Guilty As Charged: The Myth Of Mens Rea For Defendants With Mental Retardation, Elizabeth Nevins-Saunders
Not Guilty As Charged: The Myth Of Mens Rea For Defendants With Mental Retardation, Elizabeth Nevins-Saunders
Hofstra Law Faculty Scholarship
The notion that mens rea is an indicia of culpability runs deep in the American criminal law psyche. For most defendants, a finding that they had the requisite legal intent may be all we need to know to pronounce them morally culpable. This is because most defendants – those of average intelligence – enjoy a level of socialization, rationality, and agency sufficient to be aware of social norms, make a choice to violate them or not, and to control their own impulses in doing so. But for defendants with mental retardation, the state-of-mind element fails to accurately signify a “guilty …
When Family Matters, Alafair Burke
When Family Matters, Alafair Burke
Hofstra Law Faculty Scholarship
In Privilege or Punish: Criminal Justice and the Challenge of Family Ties, Dan Markel, Jennifer Collins, and Ethan Leib make an important contribution to the growing literature on criminal law and families by documenting the ways that criminal law advantages and burdens actors based on familial status and identifying the potential harms that are unleashed when criminal law recognizes family status. This Feature seeks to complement that contribution by situating the authors’ observations within the context of two considerations beyond Privilege or Punish’s immediate focus: chronological trends and the practical realities that can shape application of formal law. By distinguishing …
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Hofstra Law Review
No abstract provided.
Restorative Justice And The Jewish Question, Daniel J.H. Greenwood
Restorative Justice And The Jewish Question, Daniel J.H. Greenwood
Hofstra Law Faculty Scholarship
While the particular languages of our differing religious traditions do not seem to me to be good bases for a public criminal law, they are useful for considering familiar issues in an unfamiliar light. I therefore offer a reading of a set of unfamiliar texts from the Talmud, one of the foundational texts of the Jewish tradition, to make two basic points about criminal law with some applicability to the restorative justice debate. At the same time, their language and structure should illustrate how disparate our traditions are.
First, criminal law should have a limited, nontranscendental goal. Torah law, like …
The Perils Of Public Opinion, Deborah W. Denno
The Perils Of Public Opinion, Deborah W. Denno
Hofstra Law Review
This article discusses the significance of Paul Robinson’s and John Darley’s book, Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”), and why the book is an excellent springboard for further research comparing community standards and legal codes. However, contrary to Justice’s conclusions, this article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this article's own study of national and New Jersey demographic and political affiliation data, (2) the results presented in Justice, and (3) the results of public opinion research.
This article suggests that public opinion research may …
The Uneasy Decriminalization: A Perspective On Dutch Drug Policy, Henk Jan Van Vliet
The Uneasy Decriminalization: A Perspective On Dutch Drug Policy, Henk Jan Van Vliet
Hofstra Law Review
No abstract provided.
A Bill To Repeal Criminal Drug Laws: Replacing Prohibition With Regulation, Joseph L. Galiber
A Bill To Repeal Criminal Drug Laws: Replacing Prohibition With Regulation, Joseph L. Galiber
Hofstra Law Review
No abstract provided.
Foreword: Drug Decriminalization: A Chorus In Need Of Masterrap's Voice, Dwight L. Greene
Foreword: Drug Decriminalization: A Chorus In Need Of Masterrap's Voice, Dwight L. Greene
Hofstra Law Review
No abstract provided.
Report From The Front Line: The Bennett Plan, Street-Level Drug Enforcement In New York City And The Legalization Debate, Michael Z. Letwin
Report From The Front Line: The Bennett Plan, Street-Level Drug Enforcement In New York City And The Legalization Debate, Michael Z. Letwin
Hofstra Law Review
No abstract provided.
An Argument In Favor Of Decriminalization, Kurt L. Schmoke
An Argument In Favor Of Decriminalization, Kurt L. Schmoke
Hofstra Law Review
This Article discusses the reasons why a policy of prohibition has not only failed to solve the drug abuse problem, but has made the problem worse. In response to such failings, this Article recommends, as an alternative to a drug-policy based on law enforcement, a measured and carefully implemented program of drug decriminalization based on the public health system. An alternate name for this policy is "medicalization."
Drug Legalization: The Importance Of Asking The Right Question, Mark A. R. Kleiman, Aaron J. Saiger
Drug Legalization: The Importance Of Asking The Right Question, Mark A. R. Kleiman, Aaron J. Saiger
Hofstra Law Review
No abstract provided.
Legal Cocaine And Kids: The Very Bitterness Of Shame, Gregory A. Loken Esq., James Kennedy M.D.
Legal Cocaine And Kids: The Very Bitterness Of Shame, Gregory A. Loken Esq., James Kennedy M.D.
Hofstra Law Review
No abstract provided.
The Issue Of Legalizing Illicit Drugs, John C. Lawn
The Issue Of Legalizing Illicit Drugs, John C. Lawn
Hofstra Law Review
No abstract provided.
The Moral And Practical Case For Drug Legalization, James Ostrowski
The Moral And Practical Case For Drug Legalization, James Ostrowski
Hofstra Law Review
No abstract provided.
Creation Of An International Anti-Prohibitionist League In The Field Of Drugs, Marie-Andree Bertrand
Creation Of An International Anti-Prohibitionist League In The Field Of Drugs, Marie-Andree Bertrand
Hofstra Law Review
No abstract provided.
Notes From The Front: A Dissident Law-Enforcement Perspective On Drug Prohibition, John T. Schuler, Arthur Mcbride
Notes From The Front: A Dissident Law-Enforcement Perspective On Drug Prohibition, John T. Schuler, Arthur Mcbride
Hofstra Law Review
No abstract provided.