Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Golden Gate University School of Law (6)
- Columbia Law School (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Pennsylvania Carey Law School (3)
- American University Washington College of Law (2)
-
- Illinois State University (2)
- Maurer School of Law: Indiana University (2)
- University of Baltimore Law (2)
- University of Kentucky (2)
- Washington and Lee University School of Law (2)
- William & Mary Law School (2)
- Duke Law (1)
- Fordham Law School (1)
- Notre Dame Law School (1)
- Schulich School of Law, Dalhousie University (1)
- UC Law SF (1)
- UIC School of Law (1)
- University of Cincinnati College of Law (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Richmond (1)
- University of the Pacific (1)
- Valparaiso University (1)
- Keyword
-
- Criminal law (8)
- Criminal Law (6)
- Criminal procedure (5)
- RICO (3)
- Rape (3)
-
- Sentencing (3)
- Assembly Committee on Public Safety (2)
- Civil RICO (2)
- Columbia Law Review (2)
- Crime control (2)
- Criminal enterprise (2)
- Criminal justice (2)
- Law enforcement (2)
- Organized Crime Control Act (2)
- Private Prisons (2)
- Racketeer Influenced and Corrupt Organizations (RICO) (2)
- Racketeering (2)
- Sentencing Reform Act (2)
- Terrorism (2)
- Victim rights (2)
- Antonin Scalia (1)
- Atonement (1)
- Attorneys' fees (1)
- Burden of proof (1)
- Charter of Rights and Freedoms (1)
- Child molestation (1)
- Christian atonement (1)
- Commission's Preliminary Draft (1)
- Compelled self-incrimination (1)
- Congress (1)
- Publication
-
- Faculty Scholarship (7)
- All Faculty Scholarship (5)
- Faculty Publications (3)
- Scholarly Works (3)
- Articles by Maurer Faculty (2)
-
- Articles in Law Reviews & Other Academic Journals (2)
- Bennett v. Arksansas, 485 U.S. 395 (1988) (2)
- California Assembly (2)
- California Senate (2)
- Law Faculty Publications (2)
- Supreme Court Case Files (2)
- Articles, Book Chapters, & Popular Press (1)
- California Agencies (1)
- California Joint Committees (1)
- Faculty Articles and Other Publications (1)
- Faculty Works (1)
- Journal Articles (1)
- Law Faculty Popular Media (1)
- Law Faculty Scholarly Articles (1)
- McGeorge School of Law Scholarly Articles (1)
- UIC Law Open Access Faculty Scholarship (1)
Articles 1 - 30 of 42
Full-Text Articles in Law
Deterrence And Response To Neighborhood Violence, Senate Research Committee On Neighborhood Violence, Assembly Select Committee On Neighborhood Violence & Mediation
Deterrence And Response To Neighborhood Violence, Senate Research Committee On Neighborhood Violence, Assembly Select Committee On Neighborhood Violence & Mediation
California Joint Committees
No abstract provided.
Investigating Child Molestation Cases, Assembly Committee On Public Safety
Investigating Child Molestation Cases, Assembly Committee On Public Safety
California Assembly
No abstract provided.
Victim Compensation Program, Senate Judiciary's Subcommittee On Victims' Rights
Victim Compensation Program, Senate Judiciary's Subcommittee On Victims' Rights
California Senate
No abstract provided.
Legal Problems Of Rape, Senate Committee On Judiciary
Legal Problems Of Rape, Senate Committee On Judiciary
California Senate
No abstract provided.
Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton
Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton
All Faculty Scholarship
In United States v. Harvey, the United States Court of Appeals for the Fourth Circuit held that Congress may not constitutionally require convicted racketeers and drug traffickers to forfeit property used to pay legitimate defense attorney fees. To the extent that such forfeitures and related pre-conviction restraints on transfer are authorized by provisions of the Comprehensive Forfeiture Act of 1984 (the Act), those provisions violate an accused's right to counsel of choice as secured by the Sixth Amendment.This article argues that the court's holding in Harvey was more narrowly drawn than necessary, and that as a consequence criminal defense attorney …
California V. Greenwood, Lewis F. Powell Jr.
California V. Greenwood, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Basic, Inc. V. Levinson, Lewis F. Powell Jr.
Basic, Inc. V. Levinson, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams
Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams
Faculty Publications
As the names ‘Organized Crime Control Act’ and ‘Racketeer Influenced and Corrupt Organizations' themselves indicate, Congress' concern was the threat posed by organized crime and racketeering. The OCCA's purpose was ‘to seek the eradication of organized crime in the United States . . . by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.’ According to the Senate Report, RICO's purpose was to ‘eliminate . . . the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce.’
09-25-1987 Clerk's Memo, Unknown
09-25-1987 Clerk's Memo, Unknown
Bennett v. Arksansas, 485 U.S. 395 (1988)
Views of SG requested ad received, 9/22/87... The SG concludes that the decision of the Ark. Supreme Court is clearly wrong. It violates the plain language of the statutes, and the facts of this case cannot properly be distinguished from Philpott v. Essex County Welfare Board, 409 U.S. 413 (1973), in which that Court unanimously held that the Social Security statute means what it says; the stat may not seize Social Security benefits. In that case, that state tried to recoup payments to a welfare recipient.
Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes
All Faculty Scholarship
No abstract provided.
Privatizing Corrections: Defining The Issues, Ira Robbins
Privatizing Corrections: Defining The Issues, Ira Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins
Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Confronting Rape Shield, Allison I. Connelly
Confronting Rape Shield, Allison I. Connelly
Law Faculty Popular Media
In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.
02-11-1987 Preliminary Memorandum, David G. Leitch
02-11-1987 Preliminary Memorandum, David G. Leitch
Bennett v. Arksansas, 485 U.S. 395 (1988)
SUMMARY: Petrs contend that the Arkansas Supreme Court erred in holding that social security and veterans' benefits may be included in a prisoner's "estate" for purposes of a state law requiring contributions by pr is one rs with estates to pay the costs of their incarceration.
Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody
Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody
UIC Law Open Access Faculty Scholarship
No abstract provided.
California Correctional System's Policies Regarding Parole Release And Mentally Disordered Offenders, Assembly Committee On Public Safety
California Correctional System's Policies Regarding Parole Release And Mentally Disordered Offenders, Assembly Committee On Public Safety
California Assembly
No abstract provided.
Homicide In California, 1987, Office Of The Attorney General
Homicide In California, 1987, Office Of The Attorney General
California Agencies
No abstract provided.
Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart
Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart
Law Faculty Publications
No abstract provided.
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Proving Entrapment Under The Predisposition Test, Paul Marcus
Proving Entrapment Under The Predisposition Test, Paul Marcus
Faculty Publications
No abstract provided.
Illegal Traffic In Women: A Civil Rico Proposal, Lan Cao
Illegal Traffic In Women: A Civil Rico Proposal, Lan Cao
Faculty Publications
No abstract provided.
What Makes Rape A Crime?, Lynne Henderson
The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh
The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret I. Bacigal
Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret I. Bacigal
Law Faculty Publications
The effectiveness of criminal prosecutions in the environmental law area is often disparaged. Some commentators suggest that corporate behavior is not significantly affected by criminal convictions because fines that are adequate to deter individual pollutors often have little impact on multi-million dollar corporations. Such a contention, however is challenged by the history surrounding the prosecution of the Allied Chemical Corporation for the pollution caused by the pesticide Kepone. The successful prosecution of the Kepone case dramatically altered Allied's corporate behavior had a significant impact on legislative and administrative inspection schemes, and led to the establishment of an endowment for improvement …
Biblical Atonement And Modern Criminal Law, Jerome Hall
Biblical Atonement And Modern Criminal Law, Jerome Hall
Articles by Maurer Faculty
In Western civilization, a rationally ordered universe and human rationality are the central tenets of theology and moral philosophy. Conceptions, values, and principles implied by these premises have become entrenched in social and legal institutions. Concluding that religious teachings, even those of antiquity, are consistent with modern legal principles is reasonable, and almost common sense. An inquiry into whether this relationship is to any extent causal is fascinating. Professor Jerome Hall, the first President of AMINTAPHIL, discusses the relationship between the Christian doctrine of atonement and principles of modern criminal law.
A Sentencing System For The 21st Century?, Paul H. Robinson
A Sentencing System For The 21st Century?, Paul H. Robinson
All Faculty Scholarship
The Sentencing Reform Act of 1984 created the United States Sentencing Commission and directed it to devise sentencing guidelines for the federal criminal justice system. The Commission recently fulfilled this mandate, promulgating a final set of rules, which took effect November 1. Commissioner Robinson, in filing the lone dissent to these guidelines, argued that they neither meet the expectations of the Act nor provide a comprehensive and workable system. In this Article, Commissioner Robinson discusses the necessary components of a modern, principled, and workable system. He first identifies an ideal system by describing its primary goals and by offering the …
Equitable Relief Under Civil Rico: Reflection On Religious Technology Center V. Wallersheim: Will Civil Rico Be Effective Only Against White-Collar Crime?, G. Robert Blakey, Scott D. Cessar
Equitable Relief Under Civil Rico: Reflection On Religious Technology Center V. Wallersheim: Will Civil Rico Be Effective Only Against White-Collar Crime?, G. Robert Blakey, Scott D. Cessar
Journal Articles
The Court of Appeals for the Ninth Circuit held in Religious Technology Center v. Wollersheim that Congress did not intend to give private civil RICO plaintiffs any right to injunctive relief. This Article argues that the Wollershiem’s reasoning is flawed for being inconsistent with the text, the legislative history, and the purpose of RICO. In addition, it argues that it is inconsistent with statutory interpretation principles advanced by the Supreme Court. In particular, it discusses the case’s facts, provides an overview of civil RICO, examines and critiques Wollersheim’s reasoning, and addresses the adverse policy, economic, and political consequences of Wollersheim …
Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson
Dissenting View Of Commissioner Paul H. Robinson To The Proposed Sentencing Guidelines For United State Courts, Paul H. Robinson
All Faculty Scholarship
I believe the Sentencing Reform Act of 1984, which created the United States Sentencing Commission, contains two main directives. First, the Commission's guidelines must provide a rational and principled sentencing system that will further the purposes of just punishment and crime control. Second, the guidelines must reduce unwarranted disparity among sentences for similar offenders who commit similar offenses. The Act provides that this is to be achieved through the Commission's promulgation of a comprehensive sentencing system that will bind all federal judges. I opposed the Commission's Preliminary Draft of September, 1986, because I saw it as lacking both guiding principles …
Victim Participation In Plea Bargains, Sarah N. Welling
Victim Participation In Plea Bargains, Sarah N. Welling
Law Faculty Scholarly Articles
There is a trend in the criminal law today to focus on the rights of victims. This trend has been manifested in actions by legislatures, courts, the President of the United States and others. Various programs have been implemented to ameliorate the crime victim's experience. For example, many states now provide compensation for victims, and victim/witness assistance programs have sprung up around the country. It has also been suggested that the victim's lot should be improved by granting them a right to participate in the prosecution of the defendant. This article examines whether victims should be accorded a right to …
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Faculty Scholarship
Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …