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Articles 31 - 40 of 40
Full-Text Articles in Law
The Utility Of International Criminal Courts, Mark Weston Janis
The Utility Of International Criminal Courts, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene
Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene
Faculty Articles and Papers
Long after criminal laws have lost their vigor in the context for which they were drafted, they may rise again elsewhere. The American legal system has yet to develop a coherent policy delineating when or if historically unenforced penal statutes can be invoked in non-penal contexts. This issue is particularly evident in cases where the relevant laws are caught between shifting moral sentiments. Fornication, for example, remains illegal in many states,' but it is rarely prosecuted. Should one of the participants in this criminal act contract a sexually transmitted disease and sue her partner in tort, however, these disused statutes …
Fantasy, Celebrity, And Homicide, Thomas Morawetz
Fantasy, Celebrity, And Homicide, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf
Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf
Faculty Articles and Papers
No abstract provided.
Plea Bargaining And The Supreme Court, Loftus Becker
Plea Bargaining And The Supreme Court, Loftus Becker
Faculty Articles and Papers
No abstract provided.
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
Faculty Articles and Papers
No abstract provided.
The Recognition And Enforcement Of Foreign Law: The Antelope's Penal Law Exception, Mark Weston Janis
The Recognition And Enforcement Of Foreign Law: The Antelope's Penal Law Exception, Mark Weston Janis
Faculty Articles and Papers
In 1825, Chief Justice Marshall held in The Antelope that (t)he courts of no country execute the penal laws of another. Since then, United States Courts have painstakingly crafted a variety of definitions of the word penal in order to help determine when and when not they should apply foreign laws or execute foreign judgments which conceivably might be characterized as penal. Much of their hairsplitting analysis might have been avoided if American judges and commentators had looked behind Marshall's phrase to see its foundations in law and policy. After reviewing the accepted wisdom about The Antelope's penal law exception, …
Model Of Criminal Process Game Theory And Law, Robert Birmingham
Model Of Criminal Process Game Theory And Law, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
The War Crimes Trial: A Second Look, Robert Birmingham
The War Crimes Trial: A Second Look, Robert Birmingham
Faculty Articles and Papers
No abstract provided.