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Articles 1 - 19 of 19
Full-Text Articles in Law
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
NYLS Law Review
No abstract provided.
The Innocence Movement And Misdemeanors, Jenny M. Roberts
The Innocence Movement And Misdemeanors, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
In recent years, the Innocent Movement has begun to focus its attention on wrongful misdemeanor convictions as a systemic problem. This Article analyzes eighty-five documented misdemeanor exonerations and concludes that innocence has been demonstrated primarily in two ways: laboratory tests of alleged unlawful drugs that reveal “no controlled substance” despite the individual having pled guilty to misdemeanor drug possession; and police body camera or citizen videos that surface after a misdemeanor conviction to contradict the factual basis for that conviction. Strategic use of these relatively definitive methods of revealing wrongful misdemeanor convictions can call attention to the flaws in misdemeanor …
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
Journal Articles
In a recent critique, Jens Ohlin faults contemporary criminal law textbooks for emphasizing philosophy, history and social science at the expense of doctrinal training. In this response, we argue that the political importance of criminal law justifies including reflection about the justice of punishment in the professional education of lawyers. First, we argue that both understanding and evaluating criminal law doctrine requires consideration of political philosophy, legal history, and empirical research. Second, we argue that the indeterminacy of criminal law doctrine on some fundamental questions means that criminal lawyers often cannot avoid invoking normative theory in fashioning legal arguments. Finally, …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
"Shut Up. Pay More. This Is What You Voted For." Why You Don't See Me At San Francisco's Hall Of Justice., David D. Butler
"Shut Up. Pay More. This Is What You Voted For." Why You Don't See Me At San Francisco's Hall Of Justice., David D. Butler
David D. Butler
This 2,285 essay combines California's often violent history with European and American high and low culture to explain my decision to leave San Francisco in the 1970's and to study and practice law in other states. At the time, I was platflorm man (operator) on the 30 Stockton electric trolley through South of Market, the Financial District, Chinatown, Pacific Heights, and the Marina. Nevertheless, at the time the Nation of Islam had at least one armed group, the Zebra killers, murdering Whites, often slowly with machetes. I joined the White, Middle-Class, Taxpaying majority in their diaspora to safer places. My …
The First Day Of Criminal Law: Forgetting Everything You Thought You Already Knew, Kami Chavis Simmons
The First Day Of Criminal Law: Forgetting Everything You Thought You Already Knew, Kami Chavis Simmons
Faculty Publications
Whether from the media or the seemingly endless rotation of Law and Order episodes, many students enter law school with a great deal of knowledge about important concepts that dominate Criminal Law, including murder, manslaughter, conspiracy, self-defense, or insanity. This familiarity with criminal law presents a dual challenge for students and professors alike. First, as future lawyers, they must force themselves to think critically about these familiar topics, and despite their basic knowledge of the criminal justice system, students quickly learn that there is much more to criminal law than meets the eye. Second, part of this critical analysis requires …
Broader Social Context As A Lens For Learning: Teaching Criminal Law, Alex Steel, Melanie Schwartz
Broader Social Context As A Lens For Learning: Teaching Criminal Law, Alex Steel, Melanie Schwartz
Alex Steel
This chapter considers how best to teach criminal law in broader social contexts and beyond a focus on positivist doctrinal accounts. It provides examples of how broader social science research could be included within a criminal law curriculum.
Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal
Those Who Can't, Teach: What The Legal Career Of John Yoo Tells Us About Who Should Be Teaching Law, Lawrence Rosenthal
Lawrence Rosenthal
Perhaps no member of the legal academy in America is more controversial than John Yoo. For his role in producing legal opinions authorizing what is thought by many to be abusive treatment of detainees as part of the Bush Administration’s “Global War on Terror,” some have called for him to be subjected to professional discipline, others have called for his criminal prosecution. This paper raises a different question: whether John Yoo – and his like – ought to be teaching law.
John Yoo provides something of a case study in the problems in legal education today. As a scholar, Professor …
Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox
Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox
Kenneth H Fox
This article provides an overview of restorative justice practices in the United States. It offers a brief history of the field, articulates its underlying values, and describes its primary forms of practice. The purpose of this article is to introduce readers to an emerging and important way to re-think how citizens relate to one another and to the “state” when crime occurs.
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Restorative Justice: How Law Schools Can Help Heal Their Communities, Rachel King
Restorative Justice: How Law Schools Can Help Heal Their Communities, Rachel King
Fordham Urban Law Journal
This Essay argues that the justice system should establish a parallel system, using restorative justice, designed to "heal" those individuals affected by crime, but who are not the victim, i.e. the victim's family. Additionally, the author proposes that law schools should help develop this parallel system.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman
Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman
ExpressO
This article explores how mental disability issues can be incorporated into a traditional criminal law class, in order to enrich student understanding of both mental disability law and criminal law doctrine. The intersection of mental disability with the doctrinal aspects of criminal law can be broken into five major categories: 1) the justifications for punishment; 2) the definition of crime in general, e.g., the requirements of a voluntary act, mens rea, and causation; 3) the definition of particular crimes, such as murder, manslaughter, rape, and burglary; 4) defenses to crime, including mistake of law and of fact, as well as …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Mental Disorders And The Law, Richard Redding
Mental Disorders And The Law, Richard Redding
Working Paper Series
This chapter provides an introduction to the major classes of mental disorder and the ways in which they are salient to selected aspects of American criminal and civil law, focusing particularly on criminal law issues.
A Statutory Approach To Criminal Law, Kevin C. Mcmunigal
A Statutory Approach To Criminal Law, Kevin C. Mcmunigal
Faculty Publications
Article suggests that learning about criminal statutes should be incorporated into teaching criminal law.
The Real-World Shift In Criminal Procedure, Stephanos Bibas
The Real-World Shift In Criminal Procedure, Stephanos Bibas
All Faculty Scholarship
No abstract provided.