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Articles 1801 - 1830 of 1832
Full-Text Articles in Entire DC Network
The Nature And Function Of Criminal Theory, George P. Fletcher
The Nature And Function Of Criminal Theory, George P. Fletcher
Faculty Scholarship
The practice of teaching and writing in the field of criminal law has changed dramatically in the last half-century. In the United States and England, and to a lesser extent in other English-speaking countries, we have witnessed a turn toward theoretical inquires of a greater depth and variety than had existed previously in the history of Anglo-American law. The subjects of this new literature include the nature and rationale of punishment; the theory of justification and of excuse, that is, of wrongdoing and responsibility; the relevance of consequences to the gravity of offenses (the problem of moral luck); and the …
From Watergate To Generation Next: Opening Remarks, Rory K. Little
From Watergate To Generation Next: Opening Remarks, Rory K. Little
Faculty Scholarship
No abstract provided.
Robert Lee Carter Continuing The Struggle For Civil Rights, Frank H. Wu
Robert Lee Carter Continuing The Struggle For Civil Rights, Frank H. Wu
Faculty Scholarship
No abstract provided.
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Faculty Articles
Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse
Faculty Articles
Questioning the emancipatory potential of hate crimes activism for sexual and gender non-normative people, this paper outlines the limits of criminal justice remedies to problems of gender, race, economic and sexual subordination. The first section considers some of the positive impacts of hate crimes activism, focusing on the benefits of legal "naming" for disenfranchised constituencies seeking political recognition. In the next section the authors outline the political shortcomings and troubling consequences of hate crimes activism. First, they examine how hate crimes activism is situated within a "mainstream gay agenda," a term they use to designate the set of projects prioritized …
Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens
Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens
Faculty Articles
This piece identifies and explores a trend in statutes and caselaw towards treating criminal behavior as a per se or presumptive bar to child custody, reading this development through the lens of the modern criminal sanctions literature.
Tort Claims Against Gun Manufacturers For Crime-Related Injuries: Defining A Suitable Role For The Tort System In Regulating The Firearms Industry, Timothy D. Lytton
Tort Claims Against Gun Manufacturers For Crime-Related Injuries: Defining A Suitable Role For The Tort System In Regulating The Firearms Industry, Timothy D. Lytton
Missouri Law Review
Gun violence is a serious problem in the United States. For many years, in order to decrease gun violence, the sale and possession of firearms has been regulated by statute.' This Article argues that tort claims against gun manufacturers can complement legislative efforts to regulate the firearms industry and can thereby make a modest contribution to decreasing gun violence. The Article does not, however, endorse attempts to impose restrictions on the firearms industry by using tort litigation as a substitute for legislation.
The Rise Or The Fall Of International Law?, Edith Brown Weiss
The Rise Or The Fall Of International Law?, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
This Article argues that traditional international law is healthy in the sense that there are more international agreements than ever, and States continue to serve important roles in the international system. It is falling, however, as the sole focus of international legal efforts. It is necessary to redefine international law to include actors other than States among those who make international norms and who implement and comply with them, and to include legal instruments that may not be formally binding. These developments raise three important issues: the need for the new actors to be accountable and for the new norms …
Portuondo V. Agard: Distinguishing Impeachment Of Credibility From The Act Of Burdening A Defendant's Constitutional Rights, John Owens
Denver Law Review
No abstract provided.
Race, Class And Criminal Prosecutions: The Supreme Court’S Role In Targeting Minorities, David Cole
Race, Class And Criminal Prosecutions: The Supreme Court’S Role In Targeting Minorities, David Cole
Georgetown Law Faculty Publications and Other Works
In No Equal Justice, I examine the ways in which race and class disparities have an effect at each stage of the criminal justice system. Much of the disparity concerns discriminatory police practices. My argument is that the Supreme Court, and our society, have constructed a set of rules that virtually ensure there will be racially disparate prosecution of the criminal law by the police. The way the Court has done that, I suggest, is by creating pockets of discretion that police can use without having to identify any objective, individualized basis for suspicion. When the police are free to …
2000 Face Of The Future, Northern University High School
2000 Face Of The Future, Northern University High School
Malcolm Price Laboratory School Yearbooks
The student yearbook of the Northern University High School, part of the Malcolm Price Laboratory School of the University of Northern Iowa.
Intensive Supervision Probation: An Impact Evaluation, Greg Warchol
Intensive Supervision Probation: An Impact Evaluation, Greg Warchol
Greg Warchol
Beginning in the early 1980's, intensive supervision probation was increasingly viewed as a popular sentencing alternative to conventional probation and incarceration for specific types of high‐risk offenders. Evaluations of intensive probation however, have raised doubts about its effectiveness in reducing recidivism among high‐risk offenders. Using a quasi experimental multiple interrupted time series research design, this study compares recidivism rates for high‐risk repeat DWI offenders in an intensive supervision probation program to repeat DWI offenders who were sentenced to incarceration. The results indicate that offenders who were sentenced to and completed intensive supervision probation had a lower rate of recidivism than …
Sexually Abused Female Inmates In State And Local Correctional Institutions, Kristine Botsford Mullendore, Laurie Beever
Sexually Abused Female Inmates In State And Local Correctional Institutions, Kristine Botsford Mullendore, Laurie Beever
Kristine Botsford Mullendore
No abstract provided.
Telling Tales In School: Youth Conflict And Culture Narratives, Calvin Morrill, Christine Yalda, Madelaine Adelman, Michael Musheno, Cindy Bejarano
Telling Tales In School: Youth Conflict And Culture Narratives, Calvin Morrill, Christine Yalda, Madelaine Adelman, Michael Musheno, Cindy Bejarano
Christine A. Yalda
No abstract provided.
Understanding Youth Gangs: An Experiential Activity, Kathleen Bailey
Understanding Youth Gangs: An Experiential Activity, Kathleen Bailey
Kathleen Bailey
No abstract provided.
Conceptualizing The Ethical Aspects Of Community Policing's Inception And Practice, Joanne Ziembo-Vogl, Gorazd Meško
Conceptualizing The Ethical Aspects Of Community Policing's Inception And Practice, Joanne Ziembo-Vogl, Gorazd Meško
Joanne Ziembo-Vogl
The rationale for this conceptual work is to examine the ethical aspects of community policing's inception and practice, as evidenced in America. Historical patterns of ethical issues and reform responses to ethical breaches in conduct are informative for newly democratic I. countries in the midst of transitional models of law enforcement. Much can be learned from the rich history of American policing. The history of modern policing in America commenced with what Kelling and Moore (1988) term the "Political Era" in the late 1800s. Spanning several decades into the early 19005, the Political Era was marked by broad provision of …
Interview With Dr. Joanne Ziembo-Vogl, Grand Valley State University (Usa) On Community Policing In The United States Of America, Joanne Ziembo-Vogl
Interview With Dr. Joanne Ziembo-Vogl, Grand Valley State University (Usa) On Community Policing In The United States Of America, Joanne Ziembo-Vogl
Joanne Ziembo-Vogl
No abstract provided.
Police Ethics Revisited, Brian Kingshott
Gender Violence, Race, And Criminal Justice, Angela P. Harris
Gender Violence, Race, And Criminal Justice, Angela P. Harris
Angela P Harris
No abstract provided.
Searching For Justice In The World Of Realpolitik, M. Bassiouni
Searching For Justice In The World Of Realpolitik, M. Bassiouni
M. Cherif Bassiouni
No abstract provided.
Combating Impunity For International Crimes, M. Bassiouni
Combating Impunity For International Crimes, M. Bassiouni
M. Cherif Bassiouni
No abstract provided.
Comparing The Moral Values Of Slovenian And American Criminal Justice Students, Police Officers, And Jail Officers, Joanne Ziembo-Vogl, Gorazd Meško, James Houston, Peter Umek
Comparing The Moral Values Of Slovenian And American Criminal Justice Students, Police Officers, And Jail Officers, Joanne Ziembo-Vogl, Gorazd Meško, James Houston, Peter Umek
Joanne Ziembo-Vogl
Braithwaite and Scott describe the study of values as multi-disciplinary involving, "the intersection of interests of philosophers, anthropologists, sociologists, and psychologists. Values are presumed to encapsulate the aspirations of individuals and societies. They pertain to what is desirable, to deeply engrained standards that determine future directions and that justify past actions. Values have been postulated as key constructs in the socialization process, and have found their way into cultural, religious, political, educational, occupational, and family research" (1991 :661). Psychological and biological aspects of an individual (one's characteristics and needs) link research to attitudes, personality, and self-esteem (1991). These individual factors …
Battered Women In The Restraining Order Process: Observations On A Court Advocacy Program, Angela M. Moe
Battered Women In The Restraining Order Process: Observations On A Court Advocacy Program, Angela M. Moe
Angela M. Moe
Between the months of January and May, 1998, the author spent approximately 150 hours as a legal advocate in a court advocacy program in southeastern Wisconsin that assists battered women obtain restraining orders. This article reports observations of how legal advocates in the program are affecting battered women's lives through their services as well as accounts of battered women's experiences in the court system and responses by court personnel to them. These observations are discussed in relation to existing research and theory on work with battered women and to the social context in which such work occurs.
The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann
The Right To Silence Helps The Innocent: A Game-Theoretic Analysis Of The Fifth Amendment Privilege, Alex Stein, Daniel Seidmann
Alex Stein
This Article develops a consequentialist game-theoretic perspective for understanding the right to silence. By applying this perspective, the Article reveals that the conventional perception of the right to silence, as impeding the search for truth and thus helping criminals alone, is mistaken. The Article demonstrates that the right to silence can help triers of fact to distinguish between factually innocent and guilty suspects and defendants. This is achieved by an important feature of the right to silence which this Article brings to the fore: a criminal's self-interested response to questioning can impose externalities (in the form of wrongful conviction) on …
The Dark Side Of Private Ordering: An Economic And Empirical Analysis Of Organized Crime, Curtis J. Milhaupt
The Dark Side Of Private Ordering: An Economic And Empirical Analysis Of Organized Crime, Curtis J. Milhaupt
Curtis J. Milhaupt
No abstract provided.
Irbs And State Crime: A Reply To Niemon, Jeffrey Ian Ross Ph.D., Jeff Ferrell, Michael Presdee, Rick Matthews
Irbs And State Crime: A Reply To Niemon, Jeffrey Ian Ross Ph.D., Jeff Ferrell, Michael Presdee, Rick Matthews
Jeffrey Ian Ross Ph.D.
No abstract provided.
Grants-R-Us: Inside A Federal Grant Making Research Agency, Jeffrey Ian Ross Ph.D.
Grants-R-Us: Inside A Federal Grant Making Research Agency, Jeffrey Ian Ross Ph.D.
Jeffrey Ian Ross Ph.D.
No abstract provided.
Controlling State Crime: Toward An Integrated Structural Model, Jeffrey Ian Ross Ph.D.
Controlling State Crime: Toward An Integrated Structural Model, Jeffrey Ian Ross Ph.D.
Jeffrey Ian Ross Ph.D.
No abstract provided.
Controlling State Crime In The United Kingdom, Jeffrey Ian Ross Ph.D.
Controlling State Crime In The United Kingdom, Jeffrey Ian Ross Ph.D.
Jeffrey Ian Ross Ph.D.
No abstract provided.
Brief Of Amicus Curiae, National Legal Aid And Defender Association (With Co-Counsel), Dickerson V. United States, 530 U.S. 428 (2000), Charles D. Weisselberg
Brief Of Amicus Curiae, National Legal Aid And Defender Association (With Co-Counsel), Dickerson V. United States, 530 U.S. 428 (2000), Charles D. Weisselberg
Charles D Weisselberg
No abstract provided.