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Full-Text Articles in Law

A Fiduciary Principle Of Policing, Stephen R. Galoob Jan 2023

A Fiduciary Principle Of Policing, Stephen R. Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Introduction To Symposium On Policing And Political Philosophy, Stephen R. Galoob, Jake Monaghan Jan 2023

Introduction To Symposium On Policing And Political Philosophy, Stephen R. Galoob, Jake Monaghan

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Rights Should Not Vary Based On Offense Severity, Russell L. Christopher Jan 2020

Rights Should Not Vary Based On Offense Severity, Russell L. Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Some constitutional rights of criminal procedure apply unequally, varying based on offense (or punishment) severity. Of these, some vary proportionally, attaching or strengthening as offense severity increases. For example, the Sixth Amendment guarantees the rights to appointed counsel for indigents and jury trial for defendants charged with any felony but only some misdemeanors. In contrast, other rights are inversely proportional. For example, the strength or applicability of some aspects of the Fourth Amendment right against unreasonable searches and seizures and the Eighth Amendment right against excessive bail decrease as offense severity increases. This Article examines whether such rights should vary …


Climbing The Mountain Of Criminal Procedure: Comparative Legal Procedure, Stephen R. Galoob Jan 2018

Climbing The Mountain Of Criminal Procedure: Comparative Legal Procedure, Stephen R. Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

Book review of Comparative Criminal Procedure (Jacqueline E. Ross & Stephen C. Thaman eds., Edward Elgar, 2016)


Inconsistent Rationales For Capital Punishment Plus, Russell Christopher Jan 2017

Inconsistent Rationales For Capital Punishment Plus, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Exculpation As Inculpation, Russell L. Christopher Jan 2017

Exculpation As Inculpation, Russell L. Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Should a criminal defendant who contrives, creates, or causes the conditions of her own defense forfeit the defense? For example, suppose a provocateur taunts a provocatee into unlawfully attacking so that the provocateur may justifiably kill in self-defense. There are two competing approaches. Under the principle that defense-contrivers have "unclean hands," the predominant approach of the criminal law is to bar the defense (the Legal approach). Disagreeing, most criminal theorists advocate both granting the contrived defense and, seemingly paradoxically, imposing criminal liability for culpably contriving the defense (the Theoretical approach). That is, seeking exculpation is itself inculpatory. The Theoretical approach …


The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher Jan 2015

The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Paradox Of Statutory Rape, Russell Christopher, Kathryn Christopher Jan 2012

The Paradox Of Statutory Rape, Russell Christopher, Kathryn Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell Christopher Jan 2008

Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin Jan 2007

Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have looked …


Time And Punishment, Russell Christopher Jan 2005

Time And Punishment, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Deterring Retributivism: The Injustice Of 'Just' Punishment, Russell Christopher Jan 2002

Deterring Retributivism: The Injustice Of 'Just' Punishment, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Self-Defense And Objectivity: A Reply To Judith Jarvis Thomson, Russell Christopher Jan 1998

Self-Defense And Objectivity: A Reply To Judith Jarvis Thomson, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Mistake Of Fact In The Objective Theory Of Justification: Do Two Rights Make Two Wrongs Make Two Rights...?, Russell Christopher Jan 1994

Mistake Of Fact In The Objective Theory Of Justification: Do Two Rights Make Two Wrongs Make Two Rights...?, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams Jan 1990

Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Constitutional Limitations On The Lesser Included Offense Doctrine, Chris Blair Jan 1984

Constitutional Limitations On The Lesser Included Offense Doctrine, Chris Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams Jan 1971

The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

The author, a member of the California State Bar and consultant, Euro-Dutch Trust Company, George Town, Grand Cayman, B. W. I., labels the use of the secret foreign bank account "foolish and lazy." He suggests that the taxpayer can reduce his tax bite through tax deferral planning, an area in which legislation has been continued and expanded.