Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Entire DC Network

The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer Oct 1990

The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer

Dalhousie Law Journal

Why bother annotating the Criminal Code? At first blush the answer seems as plain to the casual reader as it did to Sir Charles: judges and others join Parliament in making criminal law. Indeed, despite the promise implicit in its short title, the Criminal Code is no more than An Act respecting the Criminal Law - a near-code which was and is a boat designed to be full of holes, to the great comfort of those standing by as it was launched in 1892 and, to a lesser extent, those hard at work bailing it out today. Today's Code admits …


The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen Apr 1990

The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen

University of Miami Entertainment & Sports Law Review

No abstract provided.


Why The Criminal Justice System Can't Control Crime, Gerald S. Reamey Apr 1990

Why The Criminal Justice System Can't Control Crime, Gerald S. Reamey

Faculty Articles

No abstract provided.


The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin Mar 1990

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin

University of Miami Law Review

No abstract provided.


An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt Feb 1990

An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt

Duke Law Journal

No abstract provided.


Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng Jan 1990

Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng

Faculty Scholarship

American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.


The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell Jan 1990

The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell

Vanderbilt Journal of Transnational Law

This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …


The Uneasy Decriminalization: A Perspective On Dutch Drug Policy, Henk Jan Van Vliet Jan 1990

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 Jan 1990

A Bill To Repeal Criminal Drug Laws: Replacing Prohibition With Regulation, Joseph L. Galiber

Hofstra Law Review

No abstract provided.


State Crime In The Federal Forum, Roger J. Miner '56 Jan 1990

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.


Illegal Drugs, New Laws, And Justice: An Examination Of Five Recently Enacted Minnesota Statutes, Philip Leavenworth Jan 1990

Illegal Drugs, New Laws, And Justice: An Examination Of Five Recently Enacted Minnesota Statutes, Philip Leavenworth

William Mitchell Law Review

No abstract provided.


Compulsory Psychological Examination In Sexual Offense Cases: Invasion Of Privacy Or Defendant’S Right?, Judith Greenberg Jan 1990

Compulsory Psychological Examination In Sexual Offense Cases: Invasion Of Privacy Or Defendant’S Right?, Judith Greenberg

Fordham Law Review

No abstract provided.


A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch Jan 1990

A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch

Faculty Scholarship

RICO is nearing its twentieth birthday, but it may not be a happy one. In fact, 'tis the season for critics of RICO to be, if not jolly, at least highly active. A House subcommittee and the Senate Judiciary Committee have held hearings on RICO reform, the popular and business press has published numerous debates and criticisms involving fairly arcane points of civil and criminal law, scholars and lawyers have filled law reviews and legal newspapers with articles often critical of the statute, and the pressure has been building for statutory changes.

As the pressure for change has intensified, and …


Foreword: Drug Decriminalization: A Chorus In Need Of Masterrap's Voice, Dwight L. Greene Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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. Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

Notes From The Front: A Dissident Law-Enforcement Perspective On Drug Prohibition, John T. Schuler, Arthur Mcbride

Hofstra Law Review

No abstract provided.


Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas Jan 1990

Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas

Faculty Scholarship

In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.2 …


How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch Jan 1990

How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch

Faculty Scholarship

The title of this paper asks what appears to be a simple and important question: Just how much does the availability of extensive private civil remedies for violation of the RICO statute add to the effort to ensure compliance with the norms of criminal law? These remarks address only civil RICO actions by private plaintiffs. The once-rare, but increasingly frequent, civil RICO actions brought by the United States present very different issues. This question is, of course, only a part of any assessment of the value of civil RICO. One may conclude that civil RICO is of little or no …