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Articles 1 - 18 of 18
Full-Text Articles in Law
Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr.
Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr.
Donna M. Hughes
Pedagogy Of Rape Shield Laws: Using Procedure To Teach Doctrine, Malinda Seymore
Pedagogy Of Rape Shield Laws: Using Procedure To Teach Doctrine, Malinda Seymore
Malinda L. Seymore
Analysis Of The Arrest Of A Pimp And The Identification Of A Victim, Donna M. Hughes Dr.
Analysis Of The Arrest Of A Pimp And The Identification Of A Victim, Donna M. Hughes Dr.
Donna M. Hughes
Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller
Shaping Modern Sentencing: Three Giants, Steven Chanenson, Mark Miller
Steven L. Chanenson
No abstract provided.
The Case Of Weak Will And Wayward Desire., Vera Bergelson
The Case Of Weak Will And Wayward Desire., Vera Bergelson
Vera Bergelson
In this article, I confront Garvey¡¯s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime. I attempt to refute Garvey¡¯s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come in the form of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey¡¯s …
Rights, Wrongs, And Comparative Justifications, Vera Bergelson
Rights, Wrongs, And Comparative Justifications, Vera Bergelson
Vera Bergelson
The goal of this article is to rethink the relationship between the concepts of justification and wrongdoing, which play vital roles in the theory of criminal law. Reading George P. Fletcher’s new book, The Grammar of Criminal Law, in the context of his earlier scholarship has led me to one major disagreement with Fletcher as well as with the traditional criminal law doctrine: for Fletcher and many others, wrongdoing and justification mutually exclude each other; for me, they do not. Consider a hypothetical: a group of people are captured by criminals. The criminals are about to kill everyone but then …
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
Mark F. Grady
One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …
Advantages And Disadvantages Of The Adversarial System In Criminal Proceedings, William Van Caenegem
Advantages And Disadvantages Of The Adversarial System In Criminal Proceedings, William Van Caenegem
William Van Caenegem
Extract: In this sub-section the advantages and disadvantages of the adversarial system are investigated with reference to the most well-known (and closely affiliated) alternative, the (so-called) inquisitorial system prevalent in continental Europe, and in a large number of other nations, including some in our region.
The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt
The Next Era Of Sentencing Reform ... Revisited, Steven Chanenson, Mark Bergstrom, Frank Dermody, Jordan Hyatt
Steven L. Chanenson
No abstract provided.
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
R. Michael Cassidy
No abstract provided.
Appointed To Equal Justice Act Panel, United States Court Of Appeals For The First Circuit (2009-Present), Sharon Beckman
Appointed To Equal Justice Act Panel, United States Court Of Appeals For The First Circuit (2009-Present), Sharon Beckman
Sharon Beckman
No abstract provided.
Of Guilt, Defiance, And Repentance: Evidence From The Texas Death Chamber, Danielle Dirks, S.K. Rice, J.J. Exline
Of Guilt, Defiance, And Repentance: Evidence From The Texas Death Chamber, Danielle Dirks, S.K. Rice, J.J. Exline
Danielle Dirks
No abstract provided.
Das Bundesverfassungsgericht: Procedure, Practice And Policy Of The German Federal Constitutional Court, Russell Miller, Donald Kommers
Das Bundesverfassungsgericht: Procedure, Practice And Policy Of The German Federal Constitutional Court, Russell Miller, Donald Kommers
Russell A. Miller
No abstract provided.
Constitutionality Of Voter Id Laws In The United States, Naoki Kanaboshi
Constitutionality Of Voter Id Laws In The United States, Naoki Kanaboshi
Naoki Kanaboshi
In Japanese.
Hydraulic Pressures And Slight Deviations, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
Erik Luna
No abstract provided.
Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson
Revolution Or Evolution: Recent Developments In American Federal Criminal Sentencing, Steven L. Chanenson
Steven L. Chanenson
No abstract provided.
Probability, Probable Cause, And The Law Of Unintended Consequences, Lawrence Rosenthal
Probability, Probable Cause, And The Law Of Unintended Consequences, Lawrence Rosenthal
Lawrence Rosenthal
This brief essay responds to Max Minzer's article "Putting Probability Back into Probable Cause." The essay supports Professor Minzer's proposal for the use of empirical evidence of the success of a given investigating officer or investigative technique in assessing the existence of probable cause to search or seize, but offers a caveat. If an officer's "hit rate" becomes central to Fourth Amendment analysis, there is a serious danger of overdeterrence which, in turn, could lead to a dangerous escalation in violent crime. The essay offers some proposals for minimizing the risk of overdeterrence in an empirically-based regime of probable cause.