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Articles 1 - 13 of 13

Full-Text Articles in Law

Criminal Law, Brent M. Boyd, M. C. Cauthen, F. S. Pfeiffer, Pamela A. Wilkins, Christie L. Companion, J. E. Pilgreen Iv, James M. Hughes, Wendy Hallford-Dudley Oct 1992

Criminal Law, Brent M. Boyd, M. C. Cauthen, F. S. Pfeiffer, Pamela A. Wilkins, Christie L. Companion, J. E. Pilgreen Iv, James M. Hughes, Wendy Hallford-Dudley

South Carolina Law Review

No abstract provided.


Paedophilia: The Criminal Responsibility Of Canada's Churches, Dawn Russell Oct 1992

Paedophilia: The Criminal Responsibility Of Canada's Churches, Dawn Russell

Dalhousie Law Journal

In the last few years Canada's churches have been plagued by sexual abuse scandals from Newfoundland to British Columbia. Members of the clergy and of lay orders across the country have been charged with, and convicted of, criminal offences involving the physical and sexual abuse of children. Mediareports and television documentaries have emphasized the tremendous scope of the problem of clergy paedophilia, the seriousness of the harm done to the victims, and the irresponsible and sometimes heartless behaviour of church officials who received reports of such abuse. These stories have shocked the Canadian public and have given rise to a …


Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald Oct 1992

Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald

Dalhousie Law Journal

Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …


Personal Responsibility In Criminal Law , Lois Haight Herrington Jul 1992

Personal Responsibility In Criminal Law , Lois Haight Herrington

Cornell Law Review

No abstract provided.


The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley May 1992

The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical …


State Intervention In Pregnancy, Julia Elizabeth Jones May 1992

State Intervention In Pregnancy, Julia Elizabeth Jones

Louisiana Law Review

No abstract provided.


Increased Judicial Scrutiny For The Administrative Crime , Mark D. Alexander Mar 1992

Increased Judicial Scrutiny For The Administrative Crime , Mark D. Alexander

Cornell Law Review

No abstract provided.


Booth V. Maryland, Insights Into The Contemporary Challenges To Judging, Joan M. Shaughnessy Mar 1992

Booth V. Maryland, Insights Into The Contemporary Challenges To Judging, Joan M. Shaughnessy

Washington and Lee Law Review

No abstract provided.


Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy Jan 1992

Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy

Law Faculty Publications

No abstract provided.


Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn Jan 1992

Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn

St. Mary's Law Journal

In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …


Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman Jan 1992

Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman

Fordham Law Review

No abstract provided.


The Paradox Of Punishment, Paul Campos Jan 1992

The Paradox Of Punishment, Paul Campos

Publications

Retribution demands reciprocity. In this Essay, Professor Campos contends that classic retributive theory encounters a logical paradox when it attempts to equalize the status of criminal and victim through the institution of punishment. This paradox arises out of a clash between the deontological requirements of equality and justice. He concludes by speculating on the historical relationship between rationalist justifications for vengeance and the elimination of punishment as public spectacle.


Federal Expungement: A Concept In Need Of Definition, James W. Diehm Dec 1991

Federal Expungement: A Concept In Need Of Definition, James W. Diehm

James W. Diehm

It is a common occurrence. An individual, frequently a young person, is arrested for a criminal offense, and the charges are disposed of without a conviction. This disposition appears favorable until the person realizes that there' is an arrest record on file that will create problems every time he or she seeks employment, applies for a professional license, or attempts to obtain a security clearance. Is there a way to remedy this situation? The answer is yes. The person can seek expungement of the criminal record. In fact, expungement may even be granted when the person has been convicted of …