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Full-Text Articles in Law

Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston Oct 2001

Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston

College of Law Faculty

In this Article, Professor Livingston examines the history and philosophy of animal cruelty laws and also surveys the scope and content of contemporary American anti-cruelty statutes. She explores, moreover, a substantial body of social science data that suggest a correlation between the commission of animal abuse and a propensity for other violent behavior. From her survey of current law, Professor Livingston concludes that lawmakers should amend animal cruelty statutes to provide for mandatory psychological treatment for youthful offenders and harsher penalties for older and habitual offenders. She observes that animal abuse as a crime not only affects the animals targeted ...


Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston Sep 2001

Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston

Margit Livingston

In this Article, Professor Livingston examines the history and philosophy of animal cruelty laws and also surveys the scope and content of contemporary American anti-cruelty statutes. She explores, moreover, a substantial body of social science data that suggest a correlation between the commission of animal abuse and a propensity for other violent behavior. From her survey of current law, Professor Livingston concludes that lawmakers should amend animal cruelty statutes to provide for mandatory psychological treatment for youthful offenders and harsher penalties for older and habitual offenders. She observes that animal abuse as a crime not only affects the animals targeted ...


Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson Mar 2001

Punishing Dangerousness: Cloaking Preventative Detention As Criminal Justice, Paul H. Robinson

Faculty Scholarship at Penn Law

Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator ...


Eindrapport Stadsbendes En Hun Buurt, Jenneke Christiaens, Els Enhus, Christian Eliaerts, Liesbeth Vanmechelen Jan 2001

Eindrapport Stadsbendes En Hun Buurt, Jenneke Christiaens, Els Enhus, Christian Eliaerts, Liesbeth Vanmechelen

Jenneke Christiaens

No abstract provided.


On Insider Trading, Markets, And "Negative" Property Rrights In Information, Zohar Goshen, Gideon Parchomovsky Jan 2001

On Insider Trading, Markets, And "Negative" Property Rrights In Information, Zohar Goshen, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan Jan 2001

The Tailoring Of Statutory Bubble Zones: Balancing Free Speech And Patient's Rights, Kristen G. Cowan

Journal of Criminal Law and Criminology

No abstract provided.


It's An Ex Post Fact: Supreme Court Misapplies The Ex Post Facto Clause To Criminal Procedure Statutes, Danielle Kitson Jan 2001

It's An Ex Post Fact: Supreme Court Misapplies The Ex Post Facto Clause To Criminal Procedure Statutes, Danielle Kitson

Journal of Criminal Law and Criminology

No abstract provided.


Does Immunity Granted Really Equal Immunity Received, Ryan Mclennan Jan 2001

Does Immunity Granted Really Equal Immunity Received, Ryan Mclennan

Journal of Criminal Law and Criminology

No abstract provided.


Miranda's Exceptions In A Post-Dickerson World, Susan R. Klein Jan 2001

Miranda's Exceptions In A Post-Dickerson World, Susan R. Klein

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2001

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


The Back-Door To Prison: Waiver Reform, Blended Sentencing, And The Law Of Unintended Consequences, Marcy R. Podkopacz, Barry C. Feld Jan 2001

The Back-Door To Prison: Waiver Reform, Blended Sentencing, And The Law Of Unintended Consequences, Marcy R. Podkopacz, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.


Crimes Without Punishment: White Neighbors' Resistance To Black Entry, Leonard S. Rubinowitz, Imani Perry Jan 2001

Crimes Without Punishment: White Neighbors' Resistance To Black Entry, Leonard S. Rubinowitz, Imani Perry

Journal of Criminal Law and Criminology

No abstract provided.


Recent Books Jan 2001

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law Scholarship: Three Illusions, Paul H. Robinson Jan 2001

Criminal Law Scholarship: Three Illusions, Paul H. Robinson

Faculty Scholarship at Penn Law

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of rationality, but ...


Fisher Goes On The Quintessential Fishing Expedition And Hubbell Is Off The Hook, H. Richard Uviller Jan 2001

Fisher Goes On The Quintessential Fishing Expedition And Hubbell Is Off The Hook, H. Richard Uviller

Journal of Criminal Law and Criminology

No abstract provided.


Stenberg V. Carhart: Women Retain Their Right To Choose, Janeen F. Berkowitz Jan 2001

Stenberg V. Carhart: Women Retain Their Right To Choose, Janeen F. Berkowitz

Journal of Criminal Law and Criminology

No abstract provided.


One For The Price Of Two: How The Supreme Court Got It Half Right In Ramdass V. Angelone, Christopher Varas Jan 2001

One For The Price Of Two: How The Supreme Court Got It Half Right In Ramdass V. Angelone, Christopher Varas

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2001

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Sentencing Eddie, Gerard E. Lynch Jan 2001

Sentencing Eddie, Gerard E. Lynch

Journal of Criminal Law and Criminology

No abstract provided.


Opaque Recklessness, Kimberly Kessler Ferzan Jan 2001

Opaque Recklessness, Kimberly Kessler Ferzan

Journal of Criminal Law and Criminology

No abstract provided.


Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness Jan 2001

Examining The Boundaries Of Hate Crime Law: Disabilities And The Dilemma Of Difference, Ryken Grattet, Valerie Jenness

Journal of Criminal Law and Criminology

No abstract provided.


Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran Jan 2001

Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran

Journal of Criminal Law and Criminology

No abstract provided.


Mitigating The Dangers Of Capital Convictions Based On Eyewitness Testimony Through Treason's Two-Witness Rule, Monika Jain Jan 2001

Mitigating The Dangers Of Capital Convictions Based On Eyewitness Testimony Through Treason's Two-Witness Rule, Monika Jain

Journal of Criminal Law and Criminology

No abstract provided.


Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber Jan 2001

Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber

Journal of Criminal Law and Criminology

No abstract provided.


Drug Court Model As A Response To Broken Windows Criminal Justice For The Homeless Mentally Ill, Jennifer Hodulik Jan 2001

Drug Court Model As A Response To Broken Windows Criminal Justice For The Homeless Mentally Ill, Jennifer Hodulik

Journal of Criminal Law and Criminology

No abstract provided.


Anti-Prostitution Zones: Justifications For Abolition, Sandra L. Moser Jan 2001

Anti-Prostitution Zones: Justifications For Abolition, Sandra L. Moser

Journal of Criminal Law and Criminology

No abstract provided.


Throwing Away The Key On Society's Youngest Sex Offenders, Alison G. Turoff Jan 2001

Throwing Away The Key On Society's Youngest Sex Offenders, Alison G. Turoff

Journal of Criminal Law and Criminology

No abstract provided.


Recent Books Jan 2001

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.


Fourth Amendment Privacy Interests, William C. Heffernan Jan 2001

Fourth Amendment Privacy Interests, William C. Heffernan

Journal of Criminal Law and Criminology

No abstract provided.


Forecasting Sexual Abuse In Prison: The Prison Subculture Of Masculinity As A Backdrop For Deliberate Indifference, Christopher D. Man, John P. Cronan Jan 2001

Forecasting Sexual Abuse In Prison: The Prison Subculture Of Masculinity As A Backdrop For Deliberate Indifference, Christopher D. Man, John P. Cronan

Journal of Criminal Law and Criminology

No abstract provided.