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Full-Text Articles in Law

"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman Jan 2011

"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman

Articles by Maurer Faculty

No abstract provided.


Federalism And The Federal Criminal Law, Craig M. Bradley Jan 2004

Federalism And The Federal Criminal Law, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1998

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1997

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell Jan 1997

Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell

Articles by Maurer Faculty

Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates to ...


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith Jan 1996

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.


The Executioners Sing, Joseph L. Hoffmann Jan 1995

The Executioners Sing, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt Jan 1990

An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

In this Article I provide an economic analysis of criminal law as a preference-shaping policy. I argue that in addition to creating disincentives for criminal activity, criminal punishment is intended to promote various social norms of individual behavior by shaping the preferences of criminals and the population at large. By taking into account this preference-shaping function, I explain many of the characteristics of criminal law that have heretofore escaped the logic of the economic model. It is also the preference-shaping function and the prerequisite ordering of preferences that distinguish criminal law from tort law. My analysis suggests that society will ...


Review Essay. What Makes Rape A Crime?, Lynne N. Henderson Jan 1988

Review Essay. What Makes Rape A Crime?, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Biblical Atonement And Modern Criminal Law, Jerome Hall Jan 1987

Biblical Atonement And Modern Criminal Law, Jerome Hall

Articles by Maurer Faculty

In Western civilization, a rationally ordered universe and human rationality are the central tenets of theology and moral philosophy. Conceptions, values, and principles implied by these premises have become entrenched in social and legal institutions. Concluding that religious teachings, even those of antiquity, are consistent with modern legal principles is reasonable, and almost common sense. An inquiry into whether this relationship is to any extent causal is fascinating. Professor Jerome Hall, the first President of AMINTAPHIL, discusses the relationship between the Christian doctrine of atonement and principles of modern criminal law.


Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude Jan 1986

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


The Wrongs Of Victim's Rights, Lynne N. Henderson Jan 1985

The Wrongs Of Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall Jan 1985

Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt Jan 1984

Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

This Article evaluates two different economic models of criminal law as applied to the enforcement of antitrust laws. The author argues that economic models which propose antitrust punishment be limited to fines and then to fines that are levied against only business entities, are deficient because they account for only the general deterrent effect of punishment and include a value of criminal benefit for the offender, a value not shared by society. He presents, as an alternative, a model that accounts for benefits afforded by incarceration such as the signaling of what is a criminal offense, changes in the criminal ...


Biblical Atonement And Modern Criminal Law, Jerome Hall Jan 1983

Biblical Atonement And Modern Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Theory And Reform Of Criminal Law, Jerome Hall Jan 1978

Theory And Reform Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Perennial Problems Of Criminal Law, Jerome Hall Jan 1973

Perennial Problems Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst Jan 1973

Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


Science And Morality Of Criminal Law, Jerome Hall Jan 1968

Science And Morality Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham Jan 1968

Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.


Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall Jan 1967

Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Science, Common Sense, And Criminal Law Reform, Jerome Hall Jan 1964

Science, Common Sense, And Criminal Law Reform, Jerome Hall

Articles by Maurer Faculty

Professor Hall advocates a reappraisal of the current trend in criminal law of substituting expert psychiatric testimony for common-sense determinations of insanity based on the long experience of the criminal-law tradition. Holding that the average layman is as competent to recognize extreme mental illness as the psychiatric expert, the author discusses the doctrine of the "irresistible impulse" and submits that the current departures from the M'Naghten rule tend to "substitute the ideology of a particular group of psychiatrists for the principle of moral responsibility." Professor Hall suggests that realistic reform cannot be achieved without considering the "moral life and ...


The M'Naghten Rules And Proposed Alternatives, Jerome Hall Jan 1963

The M'Naghten Rules And Proposed Alternatives, Jerome Hall

Articles by Maurer Faculty

Responding to overt and implied criticism of the M'Naghten Rules for determining legal insanity to excuse criminal responsibility, Mr. Hall proposes a national seminar or study by judges of the diverse and perplexing problems they must face in deciding issues in this field. He thinks that M'Naghten needs repair rather than replacement and that a rough consensus might be attainable.


The Scientific And Humane Study Of Criminal Law, Jerome Hall Jan 1962

The Scientific And Humane Study Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.