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Articles 1 - 30 of 83
Full-Text Articles in Law
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan
Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
Law, Economics, And The Theory Of The Firm, Michael J. Meurer
Law, Economics, And The Theory Of The Firm, Michael J. Meurer
Buffalo Law Review
No abstract provided.
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
All Faculty Scholarship
Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …
Pleas' Progress, Stephanos Bibas
The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas
The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas
Buffalo Law Review
No abstract provided.
Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber
Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber
Buffalo Law Review
No abstract provided.
Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower
Brigham Young University Journal of Public Law
No abstract provided.
Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus
Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus
Brigham Young University Journal of Public Law
No abstract provided.
Peter Zwiebach On Human Rights: Concept And Context By Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp., Peter Zwiebach
Peter Zwiebach On Human Rights: Concept And Context By Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp., Peter Zwiebach
Human Rights & Human Welfare
A review of:
Human Rights: Concept and Context by Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp.
Respect And Equality: Transsexual And Transgender Rights, Stephen Whittle
Respect And Equality: Transsexual And Transgender Rights, Stephen Whittle
Center for LGBTQ Studies (CLAGS)
The problem of who I legally am in the world I live in has been vexatious throughout my adult life. Like other transsexual people worldwide, I face an inadequate legal framework in which to exist. Some of us live within states and nations that recognise the difficulties and attempt to provide a route way through the morass of problems that arise; others barely, if not at all, even acknowledge our being. We are simply 'not' within a world that only permits two sexes, only allows two forms of gender role, identity or expression. Always falling outside of the 'norm,' our …
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Scholarly Works
Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes
Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes
Journal of Criminal Law and Criminology
No abstract provided.
The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu
Journal of Criminal Law and Criminology
No abstract provided.
The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan
The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan
Journal of Criminal Law and Criminology
No abstract provided.
From Nike V. Kasky To Martha Stewart: First Amendment Protection For Corporate Speakers' Denials Of Public Criminal Allegations, Cynthia A. Caillavet
From Nike V. Kasky To Martha Stewart: First Amendment Protection For Corporate Speakers' Denials Of Public Criminal Allegations, Cynthia A. Caillavet
Journal of Criminal Law and Criminology
No abstract provided.
Unraveling Unlawful Entrapment, Anthony M. Dillof
Unraveling Unlawful Entrapment, Anthony M. Dillof
Journal of Criminal Law and Criminology
No abstract provided.
Recognizing And Remedying The Harm Of Battering: A Call To Criminalize Domestic Violence, Deborah Tuerkheimer
Recognizing And Remedying The Harm Of Battering: A Call To Criminalize Domestic Violence, Deborah Tuerkheimer
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra
Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra
Journal of Criminal Law and Criminology
No abstract provided.
No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon
No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon
Journal of Criminal Law and Criminology
No abstract provided.
Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton
Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton
All Faculty Scholarship
The Sarbanes-Oxley Act and the Securities Exchange Commission move too quickly ·when they prod the Financial Accounting Standards Board, the standard setter for US GAAP, to move immediately to a principles-based system. Priorities respecting reform of corporate reporting in the US need to be ordered more carefully. Incentive problems impairing audit performance should be solved first through institutional reform insulating the audit from the negative impact of rent-seeking and solving adverse selection problems otherwise affecting audit practice. So long as auditor independence and management incentives respecting accounting treatments remain suspect. the US reporting system holds out no actor plausibly positioned …
Reflections On The Art Of Mentoring, Richard Leiter
Reflections On The Art Of Mentoring, Richard Leiter
Marvin and Virginia Schmid Law Library
I know that there are probably many articles on the subject of mentoring. Many of these articles have been written by colleagues, or recognized experts in the field of management. However, I have not read these articles and in advance I apologize for not reading them all or using them as references in the following essay. I come from a school of thought about management that believes that good managers are not made. They are born. This is not to say that we can't learn things about management. The fact is, we learn a great deal from others when we …
Constitutional Decision Rules, Mitchell N. Berman
Constitutional Decision Rules, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas
The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.