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Full-Text Articles in Law

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein Dec 2010

An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein

Richard Daniel Klein

No abstract provided.


Dolo Eventual Y Dolo Directo. Consideraciones Metodológicas A Partir De Un Caso Práctico, José Balcázar Quiroz Apr 2010

Dolo Eventual Y Dolo Directo. Consideraciones Metodológicas A Partir De Un Caso Práctico, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.


Copyright And Freedom Of Expression In Europe, Pankaj Singh Feb 2010

Copyright And Freedom Of Expression In Europe, Pankaj Singh

Pankaj Singh

This article will describe the state of European law concerning the conflict between copyright and freedom of expression. To set the stage, I will first set out the constitutional basis of copyright (or the absence thereof) in various countries in Europe. Next, I shall describe the law governing free speech, and in particular the workings of Article 10 ECHR. The analysis will thereafter focus on copyright v. free speech case law that has recently emerged from a number of continental European countries (especially Germany, France and The Netherlands), and from the former ‘gate-keeper’ to the European Court, the European Commission …


Firms As Social Actors, Richard Adelstein Dec 2009

Firms As Social Actors, Richard Adelstein

Richard Adelstein

A close look at what firms are and how they act.


Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal Dec 2009

Pragmatism, Originalism, Race And The Case Against Terry V. Ohio, Lawrence Rosenthal

Lawrence Rosenthal

Perhaps no decision of the United States Supreme Court concerning the Fourth Amendment’s prohibition on “unreasonable search and seizure” has come in for more criticism than Terry v. Ohio, in which the Supreme Court concluded that even absent probable cause to arrest, a brief detention and protective search of an individual comports with the Fourth Amendment “where a police officer observes unusual conduct which leads him reasonably to conclude that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous . . .” Terry is frequently denounced as granting the …


Evolving Away From Evolving Standards Of Decency, John F. Stinneford Dec 2009

Evolving Away From Evolving Standards Of Decency, John F. Stinneford

John F. Stinneford

No abstract provided.


Organizations And Economics, Richard Adelstein Dec 2009

Organizations And Economics, Richard Adelstein

Richard Adelstein

A contribution to a symposium on a paper by Richard Posner.


Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira Dec 2009

Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira

Claudio Fuentes Maureira

One of the main reasons that justified the criminal procedure reform in Latin America was the possibility to overcome and changed different practices that were very problematic. One of these complex situations was the excessive use of pre-trial detention in the context of criminal investigations; in particular, the abuse of this institution had a dangerous outcome when it comes to the protection of the human rights of the detainees.

From the mid 90’s onwards, most of the Latin American countries started a reform of their criminal institutions and proceedings. A considerable portion of the legal framework was heavily modified in …


Debate, The Right To Remain Silent, Charles D. Weisselberg, Stephanos Bibas Dec 2009

Debate, The Right To Remain Silent, Charles D. Weisselberg, Stephanos Bibas

Charles D Weisselberg

In The Right to Remain Silent, Professors Charles Weisselberg and Stephanos Bibas debate the state of the right to remain silent after the Supreme Court’s decision in Berghuis v. Thompkins, which held that a suspect in custody must affirmatively state her intent to remain silent in order to invoke that right.