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Articles 1 - 16 of 16
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Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin
David M. Smolin
This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.
Missing Miranda's Story, A Review Of Gary L. Stuart's, Miranda: The Story Of America's Right To Remain Silent, George C. Thomas Iii
Missing Miranda's Story, A Review Of Gary L. Stuart's, Miranda: The Story Of America's Right To Remain Silent, George C. Thomas Iii
George C Thomas III
Miranda v. Arizona is the best known criminal procedure decision in the history of the Supreme Court. It has spawned dozens of books and hundreds of articles. The world does not need another Miranda book unless it has something new and interesting to tell readers. Unfortunately, to borrow an old cliche, the parts of Gary Stuart’s book that are new are, for the most part, not interesting and the parts that are interesting are, for the most part, not new. Stuart adds material to the Miranda storehouse about the involvement of local Arizona lawyers and judges in the original case, …
The Real (Sentencing) World: State Sentencing In The Post-Blakely Era, Douglas A. Berman, Steven L. Chanenson
The Real (Sentencing) World: State Sentencing In The Post-Blakely Era, Douglas A. Berman, Steven L. Chanenson
Steven L. Chanenson
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson
Vera Bergelson
This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed. Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …
Criminal Forfeiture Procedure In 2006: A Survey Of Developments In The Case Law, Stefan D. Cassella
Criminal Forfeiture Procedure In 2006: A Survey Of Developments In The Case Law, Stefan D. Cassella
Stefan D Cassella
This article is one in series of annual surveys of the case law regarding criminal forfeiture procedure and the adjudication of third party rights in criminal forfeiture cases. It covers the case law from 2005 through early 2006.
The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann
Michael D. Mann
This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.
The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).
Towards Attenuation: A 'New' Due Process Limit On Pinkerton Conspiracy Liability, Mark L. Noferi
Towards Attenuation: A 'New' Due Process Limit On Pinkerton Conspiracy Liability, Mark L. Noferi
Mark L Noferi
Since 1946, Pinkerton v. United States has purportedly settled the rule that a conspirator can be held vicariously liable for the crimes of his co-conspirators. Over the last thirty years, however, courts have begun to articulate and enforce Due Process limits on vicarious conspiracy liability where defendants are "attenuated" from their co-conspirator's crimes. This article represents the first academic examination of constitutional Due Process limits on Pinkerton conspiracy liability, their theoretical underpinnings, and the implications as the federal government pursues terrorism and corporate conspiracy prosecutions.
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
David B Kopel
Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.
Dehumanization And Re-Creation: A Lacanian Interpretation Of The Federal Sentencing Guidelines, Steven R. Morrison
Dehumanization And Re-Creation: A Lacanian Interpretation Of The Federal Sentencing Guidelines, Steven R. Morrison
Steven R Morrison
No abstract provided.
Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston
Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston
James B Johnston
When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …
An Examination Of New Jersey's Money Laundering Statutes, James B. Johnston
An Examination Of New Jersey's Money Laundering Statutes, James B. Johnston
James B Johnston
Drug dealers, white collar criminals and organized crime groups look at New Jersey as a safe haven when conducting financial transactions with their crime linked money. Due to its proximity to New York, New Jersey has become susceptible to the money laundering industry. As a result the New Jersey legislature has passed a series of anti-money laundering provisions that provide law enforcement with powerful tools designed to take the profit out of crime and bring money launderers to justice. This article examines New Jersey's money laundering statutes and its potential contribution in bringing profit motivated criminals to justice.
Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson
Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson
Steven L. Chanenson
No abstract provided.
The Conviction Of Lynne Stewart And The Uncertain Future Of The Right To Defend, Tamar R. Birckhead
The Conviction Of Lynne Stewart And The Uncertain Future Of The Right To Defend, Tamar R. Birckhead
Tamar R Birckhead
At the heart of the attorney-client relationship lies the ability to communicate freely and without fear that someone is listening. Since 9/11, the government has passed regulations, such as the Special Administrative Measures ("SAMs"), that by virtue of their broad scope and lack of procedural safeguards have endangered this privilege, particularly for incarcerated criminal defendants. The recent conviction of attorney Lynne Stewart for providing material support to a foreign terrorist organization has brought this issue to the forefront, as the prosecution relied upon government-monitored conversations between Stewart and her client, convicted terrorist Sheik Abdel Rahman, to prove its case against …
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Changing Expectations Of Privacy And The Fourth Amendment, Robert Power
Robert C Power
Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian Gallini
Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian Gallini
Brian Gallini
Gender Equality, Social Values And Provocation Law In Australia, Canada And The United States, Caroline A. Forell
Gender Equality, Social Values And Provocation Law In Australia, Canada And The United States, Caroline A. Forell
Caroline A Forell
This article examines and compares the partial defense of provocation as it applies to domestic homicide in the United States, Canada and Australia.