Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- File Type
Articles 1 - 10 of 10
Full-Text Articles in Law
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Poulin
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Poulin
Anne Poulin
Courts and commentators treat as axiomatic that the Double Jeopardy Clause protects against multiple punishment as well as reprosecution after acquittal and reprosecution after conviction. They struggle to define a double jeopardy jurisprudence that accommodates all three. By applying the same rules to both multiple punishment and successive prosecution, they undermine core double jeopardy protection. When a defendant claims multiple punishment, legislative will governs, and fragmentation of offenses is acceptable. Successive prosecution claims warrant greater protection. However, because courts apply the same rules to both issues, they inject legislative deference into successive prosecution analysis, reducing double jeopardy protection. Instead, protection …
Intercountry Adoption As Child Trafficking, David M. Smolin
Intercountry Adoption As Child Trafficking, David M. Smolin
David M. Smolin
This article analyzes when intercountry adoption constitutes a form of child trafficking, particularly under international law. The article reviews relevant Treaties on the subjects of slavery and human trafficking, as well as analyzing the problem of money and adoption within the domestic (United States) adoption system.
Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey
Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey
Michelle Madden Dempsey
This article critiques the Wolfenden Committee's conclusion that criminalising prostitute-use is inconsistent with the liberal harm principle. Section one evaluates recent empirical evidence challenging Wolfenden's assumptions regarding prostitution. Section two analyses the use of forced-prostitutes as a direct harm offence of rape. Section three presents a new approach to criminalising the conduct of prostitute-users, and sketches a prima facie case in favour of criminalising solicitation for prostitute-use as an abstract endangerment offence.
Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein
Belton Redux: Re-Evaluating Belton's Per Se Rule Governing The Search Of An Automobile Incident To An Arrest, David S. Rudstein
David S Rudstein
No abstract provided.
Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie
Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie
Jeff L Yates
In this study, we examine agenda setting by the U.S. Supreme Court, and ask the question of why the Court allocates more or less of its valuable agenda space to one policy issue over others. Our study environment is the policy issue composition of the Court's docket: the Court's attention to criminal justice policy issues relative to other issues. We model the Court's allocation of this agenda space as a function of internal organizational demands and external political signals. We find that this agenda responds to the issue priorities of the other branches of the federal government and the public. …
The Meaning Of Equality: Sexual Harassment, Stalking, And Provocation In Canada, Australia, And The United States, Caroline A. Forell
The Meaning Of Equality: Sexual Harassment, Stalking, And Provocation In Canada, Australia, And The United States, Caroline A. Forell
Caroline A Forell
Sexual harassment, stalking, and the criminal defense of provocation are three areas of law where the majority of injured parties are women and the majority of perpetrators are men. I examine how, in Canada, Australia, and the United States, two visions of gender equality, formal and substantive, have influenced the development of these areas.
The Rise And Fall Of Material Witness Detention In Nineteenth Century New York, Wesley M. Oliver
The Rise And Fall Of Material Witness Detention In Nineteenth Century New York, Wesley M. Oliver
Wesley M Oliver
No abstract provided.
The Fall Of The Confession Era, Kenworthey Bilz
The Fall Of The Confession Era, Kenworthey Bilz
Kenworthey Bilz
This book review-essay of Solan & Tiersma’s SPEAKING OF CRIME argues that with the advent of new technologies such as improvements in DNA identification, fMRI ‘lie detector’ tests, and the like, courts will rely less and less on confessions altogether, rendering obsolete much of the doctrine that currently surrounds linguistic interpretation (and other markers) of consent and coercion.
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford
Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford
John F. Stinneford
No abstract provided.