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Articles 1 - 30 of 195
Full-Text Articles in Law
Decisions Of Death, David Bruck
Race And The Decision To Detain A Suspect, Sheri Johnson
Race And The Decision To Detain A Suspect, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Interim Hearing On Marijuana Cultivation, Senate Committee On Judiciary
Interim Hearing On Marijuana Cultivation, Senate Committee On Judiciary
California Senate
No abstract provided.
When Guilt Should Be Irrelevant: Government Overreaching As A Bar To Reprosecution Under The Double Jeopardy Clause After Oregon V. Kennedy, James F. Ponsoldt
When Guilt Should Be Irrelevant: Government Overreaching As A Bar To Reprosecution Under The Double Jeopardy Clause After Oregon V. Kennedy, James F. Ponsoldt
Scholarly Works
This article examines the effect of Oregon v. Kennedy on the Burger Court's double jeopardy jurisprudence in cases where government misconduct has interfered with the integrity of a first trial. The article proposes the complete elimination of current distinctions between mistrial and appellate reversal cases for double jeopardy analysis, on the ground that those distinctions no longer have intellectual or practical support. Moreover, against the contention of the Court in Oregon v. Kennedy that any test for overreaching necessarily would be standardless, this article proposes the adoption of a "plain error" standard. Under this test, "plain" government error, engaged in …
Schall V. Martin, Lewis F. Powell, Jr.
James V. Kentucky, Lewis F. Powell, Jr.
James V. Kentucky, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Minnesota V. Murphy, Lewis F. Powell Jr.
Minnesota V. Murphy, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Segura V. United States, Lewis F. Powell Jr.
Segura V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Leon, Lewis F. Powell Jr.
United States V. Leon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Strickland V. Washington, Lewis F. Powell Jr.
Strickland V. Washington, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Karo, Lewis F. Powell Jr.
United States V. Karo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Berkemer V. Mccarty, Lewis F. Powell Jr.
Berkemer V. Mccarty, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Hudson V. Palmer, Lewis F. Powell Jr.
Oliver V. United States, Lewis F. Powell Jr.
Oliver V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Michigan V. Clifford, Lewis F. Powell Jr.
Michigan V. Clifford, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Welsh V. Wisconsin, Lewis F. Powell Jr.
Welsh V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Patton V. Yount, Lewis F. Powell Jr.
Press-Enterprise Co. V. Superior Court Of California, Riverside County, Lewis F. Powell Jr
Press-Enterprise Co. V. Superior Court Of California, Riverside County, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
The Legal Consequences Of Falsifying Statements Made To The Federal Government—A White Collar Crime—Fact Or Fiction, Warren H. Hyman
The Legal Consequences Of Falsifying Statements Made To The Federal Government—A White Collar Crime—Fact Or Fiction, Warren H. Hyman
University of Arkansas at Little Rock Law Review
No abstract provided.
In Favor Of Capital Punishment: A Blending Of Philosophical Perspectives, James Charles Donnelly
In Favor Of Capital Punishment: A Blending Of Philosophical Perspectives, James Charles Donnelly
Institute for the Humanities Theses
There has been little intellectual support for the average American's view of the proper relationship between L' crime and punishment. This text is an effort to philosophically define and defend this view. Chapters one and two deal with teleological theories and justification for systems and rules of practices. I first discuss the historical relationship of man to the state, showing the necessity of and providing a basis for civil authority and law and showing both to be based on social utility. This accomplished, a teleological justification of a system of punishment is presented. Chapter three discusses retribution as the deontological …
Mens Rea In Corpore Reo: An Exploration Of The Rapists Charter, M. R. Goode
Mens Rea In Corpore Reo: An Exploration Of The Rapists Charter, M. R. Goode
Dalhousie Law Journal
The issue of rape has long been at the forefront of the feminist movement. Legal doctrine and legal procedure relevant to rape have been strongly attacked by a variety of critics.' The most obvious recent trend has been a movement from the traditional liberal concern with the protection of the accused from unjustified conviction, to victim-oriented efforts which are designed to ensure that the number of guilty offenders who evade responsibility for rape is reduced as much as possible. 2 The bases of calls for victim orientation have ranged from the view, most eloquently expressed by Susan Brownmiller, that the …
Directing The Development Of A University Centre Of Criminology, John Li. J. Edwards
Directing The Development Of A University Centre Of Criminology, John Li. J. Edwards
Dalhousie Law Journal
The original sod out of which the University of Toronto's Centre of Criminology grew was a proposal that I drew up while teaching a course in criminology as part of the LL.B. curriculum in the Faculty of Law at Dalhousie University in 1958-59.1 The proposal reviewed the extent of criminological teaching and research in Canada, and drew particular attention to the lack of implementation of the recommendations of the Fauteux Committee - a committee established in 1956 by the Canadian federal government to study the country's penal system and to make recommendations for change and improvement. 2 In its report, …
09-20-1983 Clerk Memo, Unknown
09-20-1983 Clerk Memo, Unknown
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
SUMMARY: Resps move to have the costs retaxed against petrs. Petrs have filed opposition.
The Utility Of Recklessness, Willard D. Lorensen
The Utility Of Recklessness, Willard D. Lorensen
West Virginia Law Review
No abstract provided.
Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel
Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel
West Virginia Law Review
No abstract provided.
A Comparative Review Of States' Recognition Of Reduced Degrees Of Felony Murder
A Comparative Review Of States' Recognition Of Reduced Degrees Of Felony Murder
Washington and Lee Law Review
No abstract provided.
07-06-1983 Justice Marshall, Concurring, Thurgood Marshall
07-06-1983 Justice Marshall, Concurring, Thurgood Marshall
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
JUSTICE MARSHALL, with whom JUSTICE BRENNAN, JUSTICE WHITE, JUSTICE STEVENS, and JUSTICE O'CONNOR join as to Parts I. II, and III, concurring in the judgment in part. and with whom JUSTICE BRENNAN, JUSTICE WHITE, and JUSTICE STEVENS join as to Part IV.
07-06-1983 Justice Powell, Dissenting And Concurring, Lewis F. Powell
07-06-1983 Justice Powell, Dissenting And Concurring, Lewis F. Powell
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
JUSTICE POWELL, with whom THE CHIEF JUSTICE, JUSTICE BLACKMUN, and JUSTICE REHNQUIST join as to Parts I and II, dissenting in part and with whom THE CHIEF JUSTICE, JUSTICE BLACKMUN, JUSTICE REHNQUIST, and JUSTICE O'CONNOR join as to Part III, concurring in part.
07-06-1983 Per Curiam, Unknown Justice
07-06-1983 Per Curiam, Unknown Justice
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Petitioners in this case administer a deferred compensation plan for employees of the State of Arizona. The respondent class consists of all female employees who are enrolled in the plan or will enroll in the plan in the future. Certiorari was granted to decide whether Title VII of the Civil Rights Act of 1964, as amended, 42 U. S. C. § 2000e et seq., prohibits an employer from offering its employees the option of receiving retirement benefits from one of several companies selected by the employer, all of which pay a woman lower monthly retirement benefits than a man …
07-05-1983 Correspondence From Marshall To Burger, Thurgood Marshall
07-05-1983 Correspondence From Marshall To Burger, Thurgood Marshall
Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)
Dear Chief:
This is a Per Curiam and following custom should be announced by you. I see no reason to change this procedure.