Law Commons^™

A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall

Michigan Law Review

This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused's risk of flight rather than on the presence or absence of specific "special circumstances." Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts' treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative factor …

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

California Assembly

No abstract provided.

Victim Compensation Program, Senate Judiciary's Subcommittee On Victims' Rights

California Senate

No abstract provided.

The Excessive Fines Clause And Punitive. Damages: Some Lessons From History, Calvin R. Massey

Vanderbilt Law Review

Contrary to the notion that the eighth amendment' is confined strictly to criminal cases, the excessive fines clause of the eighth amendment should apply to the imposition of punitive damages and all judicially imposed monetary sanctions in civil cases. Although this view represents a sharp departure from accepted doctrine, this interpretation of the excessive fines clause is consistent with the historical development of the textual antecedents of the eighth amendment,s the political theory that underlies the adoption of the eighth amendment, and the contemporary purposes served by punitive damages themselves. Moreover, this view in noway violates the holdings of those …

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

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 …

Criminal Law—Mail Fraud Requires Loss Of Property Of Money, Marilyn L. Byington

University of Arkansas at Little Rock Law Review

No abstract provided.

California V. Greenwood, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Basic, Inc. V. Levinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Criminal Law—Child Abuse Resulting In Death—Arkansas Amends Its First Degree Murder Statute, Paul H. Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.

Miranda Right-To-Counsel Violations And The Fruit Of The Poisonous Tree Doctrine, Mark S. Bransdorfer

Indiana Law Journal

No abstract provided.

Does Plight Make Right: The Battered Woman Syndrome, Expert Testimony And The Law Of Self-Defense, Mira Mihajlovich

Indiana Law Journal

No abstract provided.

God In A Cage: Religion, Intent, And Criminal Law, John S. Hilbert

Buffalo Law Review

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

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

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.

Race And Capital Punishment, Michael L. Radelet

Trotter Review

Whether it be lynching or legally-imposed capital punishment, the threat or use of death as a punishment has been a powerful means of class and race intimidation throughout American history. In the nineteenth century, statutes that explicitly considered race were not uncommon; in Virginia, for example, the statutes of 150 years ago listed five capital crimes for whites and 70 for black slaves. Today, historians interested in capital punishment use records of state compensations to slave owners to learn how many slaves were executed.

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.

Provocation And The Ordinary Person, Timothy Macklem

Dalhousie Law Journal

As a defence to a charge of murder, provocation is at once the most accessible and the most fascinatingly elusive of ideas. We are all familiar with the concept of an emotional breaking point, and we are generally prepared to recognize that a person pushed beyond that point may in certain circumstances kill his or her tormentor. Yet in law, an acceptable breaking point is very hard to define. As Dickson 3. (as he then was) said in Linney v. The Queen, "provocation, in the relevant sense, is a technical concept and not easy to apprehend" It is also, unfortunately, …

Specific And General Nonsense?, Tim Quigley

Dalhousie Law Journal

In a previous article, I dealt with the argument that the present law on the intoxication defence was well-founded on legal authority and concluded that it was not. I then suggested that those wishing to uphold the present law as represented by Leary v. The Queen and D.PP v. Majewski would have to find support in other arguments. The purpose of this article is therefore to examine those arguments to see whether they provide sufficient ground for the current state of the law in Canada and England. In particular, the specific-general intent dichotomy will be examined in this light.

Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt

Michigan Law Review

This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …

1. Sexual Exploitation Of Divorce Clients: The Lawyer's Prerogative, Thomas D. Lyon

Thomas D. Lyon

On Death Row In Pretoria Central: Capital Punishment In South Africa. It's Not All That Different, David Bruck

David I. Bruck

No abstract provided.

The Pattern Element Of Rico Before And After Sedima: A Look At Both Federal And Florida Rico, Sandra Bower Ross

Florida State University Law Review

No abstract provided.

Privatizing Corrections: Defining The Issues, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Ultimate Violation, Todd Maybrown

Michigan Law Review

A Review of The Ultimate Violation by Judith Rowland

The Researcher As "Offender" And "Victim" - Comparative Observations As To Freedom And Responsibility Of Science And Technology, Albin Eser

BYU Law Review

No abstract provided.

Punishment: Desert And Crime Control, Ernest Van Den Haag

Michigan Law Review

A Review of Past or Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals by Andrew von Hirsch

Crime And The Courts In England 1660-1800, Frank C. Shaw

Michigan Law Review

A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie

Privatizing Corrections: Defining The Issues, Ira P. Robbins

Ira P. Robbins

No abstract provided.