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Articles 1 - 9 of 9

Full-Text Articles in Law

The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg Jan 1984

The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg Jan 1984

Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen Jan 1984

Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen

Faculty Scholarship

The judicially created Miranda protections require law enforcement officials to inform criminal suspects of their right to counsel prior to proceeding with custodial interrogation. In Commonwealth v. Sherman, the Supreme Judicial Court of Massachusetts considered whether a criminal defendant validly waived his right to counsel when a police officer failed to inform him that an attorney, appointed to represent him in an unrelated case, had requested to be present during his interrogation. Concluding that, under the peculiar circumstances of the case, the defendant did not voluntarily waive his right to counsel, the court suppressed the defendant's in-custody statements to police. …


Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg Jan 1984

Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


The Right Of Property And The Law Of Theft, Michael E. Tigar Jan 1984

The Right Of Property And The Law Of Theft, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Criminal Coercion And Freedom Of Speech, Kent Greenawalt Jan 1984

Criminal Coercion And Freedom Of Speech, Kent Greenawalt

Faculty Scholarship

This essay about constitutional limits on criminal coercion concerns a piece of a larger puzzle; how freedom of expression impinges on crimes that involve communication. The essay has two interrelated purposes. One is to reach some rather specific conclusions about the kinds of coercive threats that enjoy constitutional protection and to suggest how legislative formulations of criminal coercion can minimize coverage of such threats. The second purpose, more general and theoretical, is to show how the boundaries of freedom of expression can be understood and how courts can employ those boundaries to arrive at specific tests of constitutional protection. The …


The Perplexing Borders Of Justification And Excuse, Kent Greenawalt Jan 1984

The Perplexing Borders Of Justification And Excuse, Kent Greenawalt

Faculty Scholarship

This Article's central theme is that Anglo-American criminal law should not attempt to distinguish between justification and excuse in a fully systematic way. I explore three possible bases for drawing the distinction: (1) a distinction between warranted and wrongful conduct; (2) a division between general and individual claims; and (3) a distinction based on the rights of others. I show why none of these bases yields a clear and simple criterion for categorization. The difficulty rests largely on the conceptual fuzziness of the terms ''justification" and "excuse" in ordinary usage and on the uneasy quality of many of the moral …


Some Unwise Reflections About Discretion, George P. Fletcher Jan 1984

Some Unwise Reflections About Discretion, George P. Fletcher

Faculty Scholarship

In listening to discussions about discretion in the criminal process, one has the sense of sharply cut distinctions slipping toward a black hole in our language. All decisions by police, prosecutors, judges and jury are routinely called discretionary. This usage pervades respectable, basically sound papers. In a recent article in the Yale Law Journal, Goldstein and Marcus seek to demonstrate that discretion pervades the decisions of French, German and Italian prosecutors. They write: "Claims that prosecutorial discretion has been eliminated, or is supervised closely, are exaggerated. Discretion is exercised in each of the systems [French, German and Italian] for …


Timing Under A Unified Wealth Transfer Tax, Theodore S. Sims Jan 1984

Timing Under A Unified Wealth Transfer Tax, Theodore S. Sims

Faculty Scholarship

The United States taxes gifts made while an individual is living more leniently than it taxes wealth transfers at death. Although in some measure this disparity has existed since the enactment of the modern estate and gift taxes in 1916 and 1932, it was significantly narrowed by the Tax Reform Act of 1976 (the 1976 Act). That statute replaced the separate gift and estate taxes with a regime that taxes the cumulative total of an individual's lifetime taxable gifts and his taxable estate at death, under a single (or "unified") graduated table of rates. Nevertheless, there remains a signficant difference …