Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 6 of 6
Full-Text Articles in Law
Legislative Changes In The Law: Victims-Witnesses Young And Old, Gerald S. Reamey
Legislative Changes In The Law: Victims-Witnesses Young And Old, Gerald S. Reamey
Faculty CLE
No abstract provided.
Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford
Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford
Articles by Maurer Faculty
With rare exceptions, Indiana evidence law progresses slowly and holds closely to the traditional concepts of the common law. This Survey Article collects the several important cases decided during the past year that continue this development of Indiana's common law of evidence. A general word of caution is in order concerning the Indiana appellate courts' evidence cases. Most evidence issues arise in criminal cases, in which convicted defendants allege error in the admission of evidence against them or in the exclusion of evidence offered in their defense. A ruling in favor of the defendant could result in the reversal of …
Aspects Of Puritan Jurisprudence; Comment On Berman, Revolution And Law: Ii The Puritan Revolution And English Law, Barbara Aronstein Black
Aspects Of Puritan Jurisprudence; Comment On Berman, Revolution And Law: Ii The Puritan Revolution And English Law, Barbara Aronstein Black
Faculty Scholarship
In his learned and informative lecture on the Puritan Revolution and English law, Professor Berman tells us that England in the seventeenth century witnessed fundamental, revolutionary change, both religious and legal; a "Puritan belief system" became dominant and the English constitution and laws were transformed. According to Professor Berman, while there have been studies of the interconnections between religious change and constitutional change, nobody has attempted to relate overall change in the legal system to change in the belief system. However, "the new law that emerged in England as a result of the upheavals of 1640 and 1689 must be …
Organised Resistance, Terrorism And Criminality In Ireland: The State's Construction Of The Control Equation, Mark Findlay
Organised Resistance, Terrorism And Criminality In Ireland: The State's Construction Of The Control Equation, Mark Findlay
Research Collection Yong Pung How School Of Law
Despite the reality of partition that created "two Irelands," comparative analysis of the state's reactions to terrorism in the Province and in the Republic is rare. The struggle over reunification, which permeates society on both sides of the border, is usually viewed by the populist press not from the Irish viewpoint, but rather from the perspective of the British government. Given this bias, organized resistance -- most notably in the North of Ireland -- is represented as an assault on a majority-supported state. Because the legitimacy of the state under attack is rarely questioned, and the motivations for the resistance …
Criminal Law, John M. Schmolesky
Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt
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's …