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Articles 31 - 60 of 78
Full-Text Articles in Law
Radicalism In Law And Criminology: A Retrospective View Of Critical Legal Studies And Radical Criminology, Albert P. Cardarelli, Stephen C. Hicks
Radicalism In Law And Criminology: A Retrospective View Of Critical Legal Studies And Radical Criminology, Albert P. Cardarelli, Stephen C. Hicks
Journal of Criminal Law and Criminology
No abstract provided.
A Contemporary Look At The Effects Of Rape Law Reform: How Far Have We Really Come, Ronet Bachman, Raymond Paternoster
A Contemporary Look At The Effects Of Rape Law Reform: How Far Have We Really Come, Ronet Bachman, Raymond Paternoster
Journal of Criminal Law and Criminology
No abstract provided.
The Paradox Of Ideology, Justin Schwartz
The Paradox Of Ideology, Justin Schwartz
Justin Schwartz
A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …
Functional Explanation And Metaphysical Individualism, Justin Schwartz
Functional Explanation And Metaphysical Individualism, Justin Schwartz
Justin Schwartz
A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …
Law, Order, And The Consent Defense, Keith M. Harrison
Law, Order, And The Consent Defense, Keith M. Harrison
Law Faculty Scholarship
[Excerpt] Among the benefits that we gain on leaving the state of nature and joining together in a "civilized society" is some amount of added protection of our individual possessions and person. Among our losses is the ability to plunder, at will, the possessions and bodies of those who are weaker than we are. These two statements are generally, but not absolutely, true. I propose that one hallmark of civilization is the security of everyone who lives under its authority that they are free from the unwanted interferences of others with their personal integrity and property rights.' One way to …
Fourteenth Amendment--The Continued Confinement Of Insanity Acquittees, Ellen M. Papadakis
Fourteenth Amendment--The Continued Confinement Of Insanity Acquittees, Ellen M. Papadakis
Journal of Criminal Law and Criminology
No abstract provided.
Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
All Faculty Scholarship
No abstract provided.
Legal Criticisms Of Dna Typing: Where's The Beef, Rockne P. Harmon
Legal Criticisms Of Dna Typing: Where's The Beef, Rockne P. Harmon
Journal of Criminal Law and Criminology
No abstract provided.
Evaluating The Admissibility Of New Genetic Identification Tests: Lessons From The Dna War, William C. Thompson
Evaluating The Admissibility Of New Genetic Identification Tests: Lessons From The Dna War, William C. Thompson
Journal of Criminal Law and Criminology
No abstract provided.
Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom
Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom
Journal of Criminal Law and Criminology
No abstract provided.
Theory And Practice Of Illinois V. Rodriguez: Why An Officer's Reasonable Belief About A Third Party's Authority To Consent Does Not Protect A Criminal Suspect's Rights, Michael C. Wieber
Theory And Practice Of Illinois V. Rodriguez: Why An Officer's Reasonable Belief About A Third Party's Authority To Consent Does Not Protect A Criminal Suspect's Rights, Michael C. Wieber
Journal of Criminal Law and Criminology
No abstract provided.
Habeas Corpus: Unresolved Standard Of Review On Mixed Questions For State Prisoners, James Basta
Habeas Corpus: Unresolved Standard Of Review On Mixed Questions For State Prisoners, James Basta
Journal of Criminal Law and Criminology
No abstract provided.
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.
Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.
All Faculty Scholarship
The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
All Faculty Scholarship
No abstract provided.
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
All Faculty Scholarship
In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by …
Rape, Violence, And Women's Autonomy, Dorothy E. Roberts
Rape, Violence, And Women's Autonomy, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Self-Regulation, Normative Choice, And The Structure Of Corporate Fiduciary Law, William W. Bratton
Self-Regulation, Normative Choice, And The Structure Of Corporate Fiduciary Law, William W. Bratton
All Faculty Scholarship
No abstract provided.
Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager
Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager
All Faculty Scholarship
No abstract provided.
Motherhood And Crime, Dorothy E. Roberts
Motherhood And Crime, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
An Essay On Private Remedies, Emily Sherwin
An Essay On Private Remedies, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton
Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton
All Faculty Scholarship
No abstract provided.
Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson
Getting To Know: Honoring Women In Law And In Fact, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Substantial Exculpatory Evidence, Prosecutorial Misconduct And Grand Jury Proceedings: A Broadening Of Prosecutorial Discretion, Gregory W. Bowman
Fifth Amendment--Substantial Exculpatory Evidence, Prosecutorial Misconduct And Grand Jury Proceedings: A Broadening Of Prosecutorial Discretion, Gregory W. Bowman
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Prosecutorial Discretion Not Absolute: Constitutional Limits On Decision Not To File Susbstantial Assistance Motions, David Fisher
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Extending Sixth Amendment Speedy Trial Protection To Defendants Unaware Of Their Indictments, Steven M. Wernikoff
Sixth Amendment--Extending Sixth Amendment Speedy Trial Protection To Defendants Unaware Of Their Indictments, Steven M. Wernikoff
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Due Process On Drugs: The Implications Of Forcibly Medicating Pretrial Detainees With Antipsychotic Drugs, William P. Ziegelmueller
Sixth Amendment--Due Process On Drugs: The Implications Of Forcibly Medicating Pretrial Detainees With Antipsychotic Drugs, William P. Ziegelmueller
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Right To Confront One's Accuser When The Victim Does Not Testify, Anthony C. Porcelli
Sixth Amendment--Right To Confront One's Accuser When The Victim Does Not Testify, Anthony C. Porcelli
Journal of Criminal Law and Criminology
No abstract provided.