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Articles 31 - 60 of 121
Full-Text Articles in Law
Something For Everyone? The Future Of Comprehensive Criminal Justice Initiatives After Senate V. Jones And Manduley V. Superior Court, Mary-Beth Moylan
Something For Everyone? The Future Of Comprehensive Criminal Justice Initiatives After Senate V. Jones And Manduley V. Superior Court, Mary-Beth Moylan
McGeorge School of Law Scholarly Articles
No abstract provided.
Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken
Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken
All Faculty Scholarship
New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …
The Rhetoric Of Motive And Intent, Guyora Binder
The Rhetoric Of Motive And Intent, Guyora Binder
Journal Articles
This article offers a critical analysis of the traditional maxim that motive is irrelevant to criminal liability. It retraces the history of this principle to show how its meaning has changed and its validity has declined over time. Originally promoted by reformers, the irrelevance of motive maxim derived meaning from their efforts to codify criminal law. In this context, the irrelevance of motive stood for two related reforms: (1) legislators should condition criminal liability on expectations of harm rather than desires, and (2) courts should require proof of statutory mental elements. With the success of codification, however, the irrelevance of …
Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins
Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira Robbins
Articles in Law Reviews & Other Academic Journals
INTRODUCTION:In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on a …
Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater
Introduction To The Symposium: Homophobia In The Halls Of Justice: Sexual Orientation Bias And Its Implications Within The Legal System, Brenda V. Smith, Pamela Bridgewater
Articles in Law Reviews & Other Academic Journals
The gay moment is unavoidable. -Andrew Kopkind
Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer community. The moment, however, meant different things to participants in the movement. Over the years, the queer or sexual liberation movement transformed itself into a much more equality-based movement with the most energy focused on securing recognition of gay marriage and equal access to the military. As …
Twenty-Five Years Of Death: A Report Of The Cornell Death Penalty Project On The "Modern" Era Of Capital Punishment In South Carolina, John H. Blume
Twenty-Five Years Of Death: A Report Of The Cornell Death Penalty Project On The "Modern" Era Of Capital Punishment In South Carolina, John H. Blume
Cornell Law Faculty Publications
In 1972, the United States Supreme Court determined that the death penalty, as then administered in this country, violated the Eighth Amendment's prohibition against cruel and unusual punishment. Many states, including South Carolina, scurried to enact new, "improved" capital punishment statutes which would satisfy the Supreme Court's rather vague mandate. In 1976, the High Court approved some of the new laws, and the American death penalty was back in business. After a wrong turn or two, including a statutory scheme which did not pass constitutional muster, the South Carolina General Assembly passed the current death penalty statute in 1977. The …
The Scottsboro Trials: A Legal Lynching, Faust Rossi
The Scottsboro Trials: A Legal Lynching, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Can Additional Protocols I & Ii Apply To The Same Conflict & To Different Parties Within That Conflict?, Ratna Kancherla
Can Additional Protocols I & Ii Apply To The Same Conflict & To Different Parties Within That Conflict?, Ratna Kancherla
War Crimes Memoranda
No abstract provided.
Comparative Jurisprudence On Participation Offenses: Joint Criminal Enterprise, Aiding, And Abetting In Jurisdictions For The International Criminal Tribunal For Rwanda, The International Criminal Tribunal For Yugoslavia, England (And Wales), Scotland, South Africa, Australia, New Zealand, Canada, And The United States, Cwru Law
War Crimes Memoranda
No abstract provided.
Sentencing: An Assessment Of Rule 101 Of The Ictr Rules Of Procedure And Evidence, Federal Sentencing Laws In England, France And Other Countries As Well As In Prisoner-Receiving Countries, And The Kayishema/Ruzindana Judgement., Dora Kripapuri
War Crimes Memoranda
No abstract provided.
Witness Protection, Sarah Suscinski
Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii
Editor's Observations: The Geology Of Drug Policy In 2002, Frank O. Bowman Iii
Faculty Publications
Public concern about drug abuse as a major issue in American life may be ebbing. The notion that "the drug war is a failure" has become the common wisdom in academic and journalistic circles. Support for routine and lengthy imprisonment of non-violent drug offenders may be eroding, even among the prosecutors, police, and judges whose job it is to enforce the law. Anger among African American, Latino, and other minority communities at the perceived discriminatory enforcement of drug laws is simmering and may begin to boil over in ways that effect the political terrain. And after the events of September …
Hate Crime In California, 2002, California Department Of Justice
Hate Crime In California, 2002, California Department Of Justice
California Agencies
No abstract provided.
2001-2002 Report Of Committee Hearings, Assembly Select Committee On Gun Violence
2001-2002 Report Of Committee Hearings, Assembly Select Committee On Gun Violence
California Assembly
No abstract provided.
Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl
Victimhood In Our Neighborhood: Terrorist Crime, Taliban Guilt, And The Asymmetries Of The International Legal Order, Mark A. Drumbl
Scholarly Articles
This Article posits that the September 11 attacks constitute nonisolated warlike attacks undertaken against a sovereign state by individuals from other states operating through a non-state actor with some command and political structure. This means that the attacks contain elements common to both armed attacks and criminal attacks. The international community largely has characterized the attacks as armed attacks. This characterization evokes a legal basis for the use of force initiated by the United States and United Kingdom against Afghanistan on October 7, 2001. Notwithstanding the successes of the military campaign and the need for containment of terrorist activity, this …
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
"Collateral Damage": No Re-Entry For Drug Offenders, Nora V. Demleitner
Scholarly Articles
None available.
First Peoples, First Principles: The Sentencing Commission's Obligation To Reject False Images Of Criminal Offenders, Nora V. Demleitner
First Peoples, First Principles: The Sentencing Commission's Obligation To Reject False Images Of Criminal Offenders, Nora V. Demleitner
Scholarly Articles
Driven by public concern about sex offenses, in recent years Congress has repeatedly enhanced the penalties for federal sex offenders. In doing so, it has responded to the predominant portrayal of sex offenders as inhuman predators, and heeded the demand of victims rights groups for longer sentences. However, it has failed to consider the special make-up of the sex offender population sentenced in federal court. While only a small number of all sex offenders are sentenced in federal court, over half of them are Native Americans. The culpability and future risk of many Native American sex offenders, however, differs dramatically …
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
The Death Penalty In The United States: Following The European Lead, Nora V. Demleitner
Scholarly Articles
None available.
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Immigration Threats And Rewards: Effective Law Enforcement Tools In The "War" On Terrorism?, Nora V. Demleitner
Scholarly Articles
None available.
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Judging The 11 September Terrorist Attack, Mark A. Drumbl
Scholarly Articles
Not available.
Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson
Where Do We Go From Here? New And Emerging Issues In The Prosecution Of War Crimes And Acts Of Terrorism: A Panel Discussion, Kenneth Anderson
Presentations
Panel discussion.
Amici Curiae Brief Of New York Law School Professors In People V. Harris: Constitutionality Of The New York Death Penalty Statute Under The State Constitution's Cruel And Unusual Punishments And Antidiscrimination Clauses, Anthony G. Amsterdam, Ursula Bentele, Vivian Berger, John H. Blume, Peggy Davis, Deborah Denno, Markus Dubber, Stephen Ellmann, Deborah Fins, Eric M. Freedman, Stephen P. Garvey, Jack Greenberg, Randy Hertz, Sheri Lynn Johnson, Richard Klein, James Liebman, Peter Neufeld, Barry Scheck, Bryan Stevenson
Amici Curiae Brief Of New York Law School Professors In People V. Harris: Constitutionality Of The New York Death Penalty Statute Under The State Constitution's Cruel And Unusual Punishments And Antidiscrimination Clauses, Anthony G. Amsterdam, Ursula Bentele, Vivian Berger, John H. Blume, Peggy Davis, Deborah Denno, Markus Dubber, Stephen Ellmann, Deborah Fins, Eric M. Freedman, Stephen P. Garvey, Jack Greenberg, Randy Hertz, Sheri Lynn Johnson, Richard Klein, James Liebman, Peter Neufeld, Barry Scheck, Bryan Stevenson
Cornell Law Faculty Publications
Amici are teachers in New York law schools who have studied the operation of the death penalty for the purpose of teaching the subject, writing about it in scholarly journals, or representing persons accused or convicted of capital crimes. Most of us have worked in the field both as academics and as pro bono counsel for condemned inmates. Collectively, we have had first-hand experience in hundreds of death cases, in dozens of jurisdictions, extending over more than a third of a century.
Our experience has convinced us that capital punishment cannot be administered with the fairness, reliability, and freedom from …
Alibi Defense Notice Requirments And Remedies For Failure, Erin Marks
Alibi Defense Notice Requirments And Remedies For Failure, Erin Marks
War Crimes Memoranda
No abstract provided.
Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg
Material Facts Not Pleaded In The Indictment, Jessica A. A. Levenberg
War Crimes Memoranda
No abstract provided.
Contempt Proceedings: Who Has The Onus For Investigating And Initiating The Charges Of Contempt – The Prosecutor, The Judge Or A Third Party?, Jennifer M. Wetmore
Contempt Proceedings: Who Has The Onus For Investigating And Initiating The Charges Of Contempt – The Prosecutor, The Judge Or A Third Party?, Jennifer M. Wetmore
War Crimes Memoranda
No abstract provided.
The Extent Of The Prosecutor’S Duty To Disclose Evidence In The Charge Of Genocide, Uma Arunachalam
The Extent Of The Prosecutor’S Duty To Disclose Evidence In The Charge Of Genocide, Uma Arunachalam
War Crimes Memoranda
No abstract provided.
Whether There Is A Duty For A Country To Take An Accused As A Political Refugee If His Request For Asylum Is Based On A Well-Founded Fear Of Persecution., Robert K. Mcandrews
Whether There Is A Duty For A Country To Take An Accused As A Political Refugee If His Request For Asylum Is Based On A Well-Founded Fear Of Persecution., Robert K. Mcandrews
War Crimes Memoranda
No abstract provided.
The Tu Quoque Defense, Stephanie Berlin
The Jury's Role In Administering Justice In The U.S. Introduction To Saint Louis Public Law Review Jury Issue, Stephen C. Thaman
The Jury's Role In Administering Justice In The U.S. Introduction To Saint Louis Public Law Review Jury Issue, Stephen C. Thaman
All Faculty Scholarship
This introduction to the special jury issue of Saint Louis University’s Public Law Review briefly discusses the Conference “Lay Participation in the Criminal Trial in the Twenty-First Century,” in which all of the contributors to this issue participated. The conference took place at the International Institute for Higher Studies in the Criminal Sciences in Siracusa, Italy from May 25-29, 1999. It also discusses select papers and perspectives on the American jury system published in this issue of the journal.
On Apology And Consilience, Erin O'Hara O'Connor, Douglas Yarn
On Apology And Consilience, Erin O'Hara O'Connor, Douglas Yarn
Scholarly Publications
This Article joins the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory, and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.