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Articles 1 - 30 of 65
Full-Text Articles in Law
A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley
A Century Of Criminal Law And Criminology, Amy Deline, Adair Crosley
Journal of Criminal Law and Criminology
No abstract provided.
The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye
The Rise And Fall Of The American Institute Of Criminal Law And Criminology, Jennifer Devroye
Journal of Criminal Law and Criminology
No abstract provided.
The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor
The Undermining Influence Of The Federal Death Penalty On Capital Policymaking And Criminal Justice Administration In The States, Eileen M. Connor
Journal of Criminal Law and Criminology
No abstract provided.
A Century Of Criminal Law And Criminology, Amy Deline
A Century Of Criminal Law And Criminology, Amy Deline
Journal of Criminal Law and Criminology
No abstract provided.
Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton
Reforming The Law On Show-Up Identifications, Michael D. Cicchini, Joseph G. Easton
Journal of Criminal Law and Criminology
No abstract provided.
A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones
A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones
Journal of Criminal Law and Criminology
No abstract provided.
Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover
Can't Buy A Thrill: Substantive Due Process, Equal Protection, And Criminalizing Sex Toys, Richard Glover
Journal of Criminal Law and Criminology
No abstract provided.
Police Checkpoints: Lack Of Guidance From The Supreme Court Contributes To Disregard Of Civil Liberties In The District Of Columbia, Jason Fiebig
Journal of Criminal Law and Criminology
No abstract provided.
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Centennial Symposium: A Century Of Criminal Justice - Foreword, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner
Journal of Criminal Law and Criminology
No abstract provided.
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz
Journal of Criminal Law and Criminology
No abstract provided.
One Hundred Years Of Race And Crime, Paul Butler
One Hundred Years Of Race And Crime, Paul Butler
Journal of Criminal Law and Criminology
No abstract provided.
Offending Women: A Double Entendre, Joanne Belknap
Offending Women: A Double Entendre, Joanne Belknap
Journal of Criminal Law and Criminology
No abstract provided.
Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko
Damaged Daughters: The History Of Girls' Sexuality And The Juvenile Justice System, Lisa Pasko
Journal of Criminal Law and Criminology
No abstract provided.
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
The Scale Of Imprisonment In The United States: Twentieth Century Patterns And Twenty-First Century Prospects, Franklin E. Zimring
Journal of Criminal Law and Criminology
No abstract provided.
Remarks At The Dinner Celebrating The Centennial Of The Journal Of Criminal Law And Criminology, Steven A. Drizin
Remarks At The Dinner Celebrating The Centennial Of The Journal Of Criminal Law And Criminology, Steven A. Drizin
Journal of Criminal Law and Criminology
No abstract provided.
Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey
Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey
Journal of Criminal Law and Criminology
No abstract provided.
Forfeiture Of The Confrontation Right In Giles: Justice Scalia's Faint-Hearted Fidelity To The Common Law, Ellen Liang Yee
Forfeiture Of The Confrontation Right In Giles: Justice Scalia's Faint-Hearted Fidelity To The Common Law, Ellen Liang Yee
Journal of Criminal Law and Criminology
No abstract provided.
The Heller Promise Versus The Heller Reality: Will Statutes Prohibiting The Possession Of Firearms By Ex-Felons By Upheld After Britt V. State, Deborah Bone
Journal of Criminal Law and Criminology
No abstract provided.
Liberation Reconsidered: Understanding Why Judges And Juries Disagree About Guilt, Amy Farrell, Daniel Givelber
Liberation Reconsidered: Understanding Why Judges And Juries Disagree About Guilt, Amy Farrell, Daniel Givelber
Journal of Criminal Law and Criminology
No abstract provided.
Aspects Of Deconstruction: The Failure Of The Word "Bird", Anthony D'Amato
Aspects Of Deconstruction: The Failure Of The Word "Bird", Anthony D'Amato
Faculty Working Papers
Lawyers and judges often become impatient with those who dispute what they regard as the clear meaning of words. The meaning of words derives from the contexts in which they are employed, and we can never be certain of the context because we cannot enter into the minds of other persons to see the contexts to which their minds are adverting.
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Self-Regulation Of Judicial Misconduct Could Be Mis-Regulation, Anthony D'Amato
Faculty Working Papers
No matter what the profession, any charge that a fellow professional is guilty of malpractice is a prima facie invitation to other professionals to retreat to a guild mentality, denying that the infraction took place. The impetus to cover up is not primarily due to friendship toward the accused but rather to a general perception that disclosure would lead to public disrespect of the profession as a whole. Many judges may feel that their own standing in the community could be undermined by disclosures that other judges invent or misstate facts. The issue here is not which judges have integrity, …
Aspects Of Deconstruction: Thought Control In Xanadu, Anthony D'Amato
Aspects Of Deconstruction: Thought Control In Xanadu, Anthony D'Amato
Faculty Working Papers
Nearly every case in nearly every legal system is a case where the factfinder—that is, the judge or jury—must decide what was going on in the minds of the litigants. For example, every criminal case turns on mens rea—a guess that the defendant harbored thoughts amounting to criminal intent. Tort cases involve the intention of the defendant, or at least his reckless indifference to risk. Estate cases require the probate court to assess the intent of the testator. Antitrust cases involve the question whether there was an intent to form a combination in restraint of trade. I can't think of …
The Effect Of Legal Theories On Judicial Decisions, Anthony D'Amato
The Effect Of Legal Theories On Judicial Decisions, Anthony D'Amato
Faculty Working Papers
I draw a distinction in the beginning of this essay between judicial decision-making and a judge's decision-making. To persuade a judge, we should try to discover what her theories are. Across a range of theories, I offered well-known case examples typically cited as examples of each theory. Then I showed that the exact same theory used to justify or explain those case results could be used to justify or explain the opposite result in each of those cases.
A Few Steps Toward An Explanatory Theory Of International Law, Anthony D'Amato
A Few Steps Toward An Explanatory Theory Of International Law, Anthony D'Amato
Faculty Working Papers
If any one sentence about international law has stood the test of time, it is Louis Henkin's: "almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time." If this is true, why is this true? What makes it true? How do nations invent rules that then turn around and bind them? Are international rules simply pragmatic and expedient? Or do they embody values such as the need for international cooperation? Is international law a mixed game of conflict and cooperation because of its rules, or do its rules make …
Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert
Denying Defendants The Benefit Of A Reasonable Doubt: Federal Rule Of Evidence 609 And Past Sex Crime Convictions, Julia T. Rickert
Journal of Criminal Law and Criminology
No abstract provided.
When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani
When The Law Preserves Injustice: Issues Raised By A Wrongful Incarceration Exception To Attorney-Client Confidentiality, Inbal Hasbani
Journal of Criminal Law and Criminology
No abstract provided.
One Hundred Years Later: Wrongful Convictions After A Century Of Research, Jon B. Gould, Richard A. Leo
One Hundred Years Later: Wrongful Convictions After A Century Of Research, Jon B. Gould, Richard A. Leo
Journal of Criminal Law and Criminology
No abstract provided.
Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez
Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez
Journal of Criminal Law and Criminology
No abstract provided.
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Faculty Working Papers
In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court) …