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2000

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The Nature And Function Of Criminal Theory, George P. Fletcher Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Jan 2000

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 Dec 1999

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 Dec 1999

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 Dec 1999

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 Dec 1999

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 Dec 1999

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 Dec 1999

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 Dec 1999

Police Ethics Revisited, Brian Kingshott

Brian F. Kingshott

No abstract provided.


Gender Violence, Race, And Criminal Justice, Angela P. Harris Dec 1999

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 Dec 1999

Searching For Justice In The World Of Realpolitik, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.


Combating Impunity For International Crimes, M. Bassiouni Dec 1999

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 Dec 1999

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 Dec 1999

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 Dec 1999

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 Dec 1999

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 Dec 1999

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. Dec 1999

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. Dec 1999

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. Dec 1999

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 Dec 1999

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.