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Articles 1 - 17 of 17
Full-Text Articles in Law
A Fiduciary Principle Of Policing, Stephen R. Galoob
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.