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Articles 1 - 13 of 13
Full-Text Articles in Law
Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond
Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond
University of Miami Law Review
Social, economic and legal factors have contributed to the success of ticket scalpers. Recently enacted unfair trade practices laws now provide courts with the means to regulate scalping and to provide effective redress for aggrieved consumers
Florida V. Royer, Lewis F. Powell Jr.
The Insanity Defense: Guilty By Reason Of Hinckley?, Bruce Berner
The Insanity Defense: Guilty By Reason Of Hinckley?, Bruce Berner
Law Faculty Publications
No abstract provided.
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
Law Faculty Scholarly Articles
The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.
This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …
Criminal Law: The Missing Element In Sentencing Reform, Michael H. Tonry
Criminal Law: The Missing Element In Sentencing Reform, Michael H. Tonry
Vanderbilt Law Review
The thesis of this Article is that the substantive criminal law is the missing element in sentencing reform. If comprehensive sentencing reform strategies are to have lasting effect, legislatures must reintroduce the criminal law to the sentencing process. This step will require a rekindled interest in a moral analysis of the substantive criminal law and the enactment of greatly reduced statutory sentence maximums, along with more conventional institutional changes to structure discretion and increase official accountability.
Objections to American sentencing procedures range from the principled to the practical. Part II of this Article summarizes the basic objections that have influenced …
Foreword, G. Michael Mccrossin, Editor
Foreword, G. Michael Mccrossin, Editor
Vanderbilt Law Review
One of the primary goals of the American criminal justice system is to protect the civil liberties of accused persons while at the same time ensuring the security of citizens' persons and property. Recently, some people have begun to argue that the pursuit of these dual purposes has resulted in a dangerous imbalance, and that our criminal justice system now focuses far too heavily on the rights of the accused. These people have perceived an alarming upswing in the incidence of violent crime and have attributed that upswing to a breakdown in the legal profession's administration of the criminal law.
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Articles
This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.
Extraterritorial Jurisdiction Of Federal Criminal Law: The Assassination Of Congressman Ryan, David W. Mills
Extraterritorial Jurisdiction Of Federal Criminal Law: The Assassination Of Congressman Ryan, David W. Mills
University of Miami Inter-American Law Review
No abstract provided.
Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu
Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu
Maryland Series in Contemporary Asian Studies
No abstract provided.
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Books Received
CANADIAN CRIMINAL LAW: INTERNATIONAL AND TRANSNATIONAL ASPECTS
By Sharon A. Williams and J. G. Castel
Toronto: Butterworth's, 1981. Pp. 513. $80.00.
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CASES AND MATERIALS ON SALE OF GOODS
By John Adams
London & Canberra: Croom Helm: Ltd., 1982. Pp. 174. $15.50.
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THE DEFENSE POLICIES OF NATIONS: A COMPARATIVE STUDY
Edited by Douglas J. Murray and Paul R. Viotti
Baltimore and London: The Johns Hopkins University Press, 1982. Pp. 525. $35.00 (cloth), $12.95 (paper)
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DOCUMENTS ON THE LAWS OF WAR
Edited by Adam Roberts and Richard Guelff
New York: the Clarendon Press; Oxford University Press, 1982. …
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Articles
This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
Scholarly Works
The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is …
The Case For Treason, George P. Fletcher
The Case For Treason, George P. Fletcher
Faculty Scholarship
"If this be treason, make the most of it." Patrick Henry had no fear of the ultimate crime against his King. Nor did the burghers of Maryland who set ablaze the Peggy Stewart in Annapolis Harbor. One would think that for us as Americans the crime of treason would carry special significance. Our nation was born in acts of treason. The threat of prosecution made the crime foremost in the mind of the constitutional draftsmen. Indeed, treason is the only crime to find definition in our basic document.
There are other indications that the crime of treason is central to …