Law Commons^™

Deterrence And Response To Neighborhood Violence, Senate Research Committee On Neighborhood Violence, Assembly Select Committee On Neighborhood Violence & Mediation

California Joint Committees

No abstract provided.

Investigating Child Molestation Cases, Assembly Committee On Public Safety

California Assembly

No abstract provided.

Victim Compensation Program, Senate Judiciary's Subcommittee On Victims' Rights

California Senate

No abstract provided.

Legal Problems Of Rape, Senate Committee On Judiciary

California Senate

No abstract provided.

Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton

All Faculty Scholarship

In United States v. Harvey, the United States Court of Appeals for the Fourth Circuit held that Congress may not constitutionally require convicted racketeers and drug traffickers to forfeit property used to pay legitimate defense attorney fees. To the extent that such forfeitures and related pre-conviction restraints on transfer are authorized by provisions of the Comprehensive Forfeiture Act of 1984 (the Act), those provisions violate an accused's right to counsel of choice as secured by the Sixth Amendment.This article argues that the court's holding in Harvey was more narrowly drawn than necessary, and that as a consequence criminal defense attorney …

California V. Greenwood, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Basic, Inc. V. Levinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rico On The High Seas: A Symposium On Civil Rico And Maritime Law: Civil Rico's Cause Of Action: The Landscape After Sedima, Douglas E. Abrams

Faculty Publications

As the names ‘Organized Crime Control Act’ and ‘Racketeer Influenced and Corrupt Organizations' themselves indicate, Congress' concern was the threat posed by organized crime and racketeering. The OCCA's purpose was ‘to seek the eradication of organized crime in the United States . . . by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.’ According to the Senate Report, RICO's purpose was to ‘eliminate . . . the infiltration of organized crime and racketeering into legitimate organizations operating in interstate commerce.’

09-25-1987 Clerk's Memo, Unknown

Bennett v. Arksansas, 485 U.S. 395 (1988)

Views of SG requested ad received, 9/22/87... The SG concludes that the decision of the Ark. Supreme Court is clearly wrong. It violates the plain language of the statutes, and the facts of this case cannot properly be distinguished from Philpott v. Essex County Welfare Board, 409 U.S. 413 (1973), in which that Court unanimously held that the Social Security statute means what it says; the stat may not seize Social Security benefits. In that case, that state tried to recoup payments to a welfare recipient.

Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes

All Faculty Scholarship

No abstract provided.

Privatizing Corrections: Defining The Issues, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Confronting Rape Shield, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.

02-11-1987 Preliminary Memorandum, David G. Leitch

Bennett v. Arksansas, 485 U.S. 395 (1988)

SUMMARY: Petrs contend that the Arkansas Supreme Court erred in holding that social security and veterans' benefits may be included in a prisoner's "estate" for purposes of a state law requiring contributions by pr is one rs with estates to pay the costs of their incarceration.

Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley

Scholarly Works

Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.

Maintaining System Integrity In Capital Cases: The Use Of Court-Appointed Counsel To Present Mitigating Evidence When The Defendant Advocates Death, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody

UIC Law Open Access Faculty Scholarship

No abstract provided.

California Correctional System's Policies Regarding Parole Release And Mentally Disordered Offenders, Assembly Committee On Public Safety

California Assembly

No abstract provided.

Homicide In California, 1987, Office Of The Attorney General

California Agencies

No abstract provided.

Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart

Law Faculty Publications

No abstract provided.

Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley

Scholarly Works

On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …

Rico: The Crime Of Being A Criminal Parts I And Ii, Gerard E. Lynch

Faculty Scholarship

One of the most controversial statutes in the federal criminal code is that entitled "Racketeer-Influenced and Corrupt Organizations," known familiarly by its acronym, RICO. Passed in 1970 as title IX of the Organized Crime Control Act of 1970, RICO has attracted much attention because of its draconian penalties, including innovative forfeiture provisions; its broad draftsmanship, which has left it open to a wide range of applications, not all of which were foreseen or intended by the Congress that enacted it; and the sometimes dramatic prosecutions that have been brought in its name.

RICO's complexity has attracted several efforts to unscramble …

The Unmet Challenge Of Criminal Theory, George P. Fletcher

Faculty Scholarship

The last several decades have witnessed an outpouring of serious articles bringing to bear the methods of analytic philosophy to the issues of substantive criminal law. J. L. Austin, a philosopher and not a lawyer, may have been the first to demonstrate the potential of probing legal concepts such as mistake and accident, justification and excuse, for their philosophical potential. H.L.A. Hart carried forward the literature with several path breaking essays on criminal law. It is only in the last few years, however, that we have encountered an explosion of interest in the basic questions of criminal law. As the …

Illegal Traffic In Women: A Civil Rico Proposal, Lan Cao

Faculty Publications

No abstract provided.

Proving Entrapment Under The Predisposition Test, Paul Marcus

Faculty Publications

No abstract provided.

It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni

Faculty Works

No abstract provided.

The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret I. Bacigal

Law Faculty Publications

The effectiveness of criminal prosecutions in the environmental law area is often disparaged. Some commentators suggest that corporate behavior is not significantly affected by criminal convictions because fines that are adequate to deter individual pollutors often have little impact on multi-million dollar corporations. Such a contention, however is challenged by the history surrounding the prosecution of the Allied Chemical Corporation for the pollution caused by the pesticide Kepone. The successful prosecution of the Kepone case dramatically altered Allied's corporate behavior had a significant impact on legislative and administrative inspection schemes, and led to the establishment of an endowment for improvement …

Constructive Murder And The Charter: In Search Of Principle, A. Wayne Mackay, Isabel Grant

Articles, Book Chapters, & Popular Press

This article explores the principle of "constructive" murder and how it interacts with the sentencing and the parties sections of the Criminal Code. The authors re-examine these issues in light of the Charter. They conclude that constructive murder has no place in a post-Charter Canada.

What Makes Rape A Crime?, Lynne Henderson

Scholarly Works

No abstract provided.