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Full-Text Articles in Law

Dred Scott And The Political Question Doctrine, Wesley M. Oliver Dec 2006

Dred Scott And The Political Question Doctrine, Wesley M. Oliver

Wesley M Oliver

No abstract provided.


Pluralismo, Consenso Y Desobediencia Civil Desde La Filosofía Política Contemporánea. La Recepción Del Discurso Pluralista En La Jurisprudencia Constitucional Respecto Al Caso Indígena, Leonardo García Jaramillo Dec 2006

Pluralismo, Consenso Y Desobediencia Civil Desde La Filosofía Política Contemporánea. La Recepción Del Discurso Pluralista En La Jurisprudencia Constitucional Respecto Al Caso Indígena, Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.


Disentangling The Psychology And Law Of Instrumental And Reactive Subtypes Of Aggression, Reid G. Fontaine Dec 2006

Disentangling The Psychology And Law Of Instrumental And Reactive Subtypes Of Aggression, Reid G. Fontaine

Reid G. Fontaine

Behavioral scientists have distinguished an instrumental (or proactive) style of aggression from a style that is reactive (or hostile). Whereas instrumental aggression is cold-blooded, deliberate, and goal driven, reactive aggression is characterized by hot blood, impulsivity, and uncontrollable rage. Scholars have pointed to the distinction between murder (committed with malice aforethought) and manslaughter (enacted in the heat of passion in response to provocation) in criminal law as a reflection of the instrumental–reactive aggression dichotomy. Recently, B. J. Bushman and C. A. Anderson (2001) argued that the instrumental–reactive aggression distinction has outlived its usefulness in psychology and pointed to inconsistencies and …


Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan Dec 2006

Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan

Donald J. Kochan

The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives involved …


Parenting Coordination: Resolving High Conflict Parenting Disputes In The Usa, Sherrill W. Hayes Dec 2006

Parenting Coordination: Resolving High Conflict Parenting Disputes In The Usa, Sherrill W. Hayes

Sherrill W. Hayes

Research has demonstrated the significant negative impact of ongoing inter-parental conflict on children (PR Amato, ‘The Consequences of Divorce for Adults and Children’ (2000) 62(4) Journal of Marriage and the Family 1269; B Rodgers and J Pryor, Divorce and separation: The outcomes for children (Joseph Rowntree Foundation, 1998); J Wallerstein and S Blakeslee, The unexpected legacy of divorce (Hyperion, 2000)). In addition to the harm they may be causing their children, ‘high conflict’ separated and divorced parents have frustrated attorneys and created additional workloads for the courts. In reaction to these issues, courts and state legislatures have often turned to …