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Full-Text Articles in Law
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Federalism And Constitutional Criminal Law, Brenner M. Fissell
Hofstra Law Review
A vast body of constitutional law regulates the way that police investigate crimes and the way that criminal cases are handled at trial. The Supreme Court has imposed far fewer rules regarding what can be a crime in the first place, how it must be defined, and how much it can be punished. What explains this one-sided favoring of “procedure” over “substance?” This Article aims to unearth and assess the justification that the Court itself most often uses when it refuses to place constitutional limits on substantive criminal law: federalism. While the Court often invokes the concept to rationalize its …
What Does Intent Mean?, David Crump
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam
Hofstra Law Review
No abstract provided.
International Law Issues In Death Penalty Defense, Richard J. Wilson
International Law Issues In Death Penalty Defense, Richard J. Wilson
Hofstra Law Review
No abstract provided.
The Perils Of Public Opinion, Deborah W. Denno
The Perils Of Public Opinion, Deborah W. Denno
Hofstra Law Review
This article discusses the significance of Paul Robinson’s and John Darley’s book, Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”), and why the book is an excellent springboard for further research comparing community standards and legal codes. However, contrary to Justice’s conclusions, this article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this article's own study of national and New Jersey demographic and political affiliation data, (2) the results presented in Justice, and (3) the results of public opinion research.
This article suggests that public opinion research may …
Lay Perceptions Of Justice Vs. Criminal Law Doctrine: A False Dichotomy?, Dan M. Kahan
Lay Perceptions Of Justice Vs. Criminal Law Doctrine: A False Dichotomy?, Dan M. Kahan
Hofstra Law Review
No abstract provided.
Drug Legalization: The Importance Of Asking The Right Question, Mark A. R. Kleiman, Aaron J. Saiger
Drug Legalization: The Importance Of Asking The Right Question, Mark A. R. Kleiman, Aaron J. Saiger
Hofstra Law Review
No abstract provided.
The Issue Of Legalizing Illicit Drugs, John C. Lawn
The Issue Of Legalizing Illicit Drugs, John C. Lawn
Hofstra Law Review
No abstract provided.
Foreword: Drug Decriminalization: A Chorus In Need Of Masterrap's Voice, Dwight L. Greene
Foreword: Drug Decriminalization: A Chorus In Need Of Masterrap's Voice, Dwight L. Greene
Hofstra Law Review
No abstract provided.
An Argument In Favor Of Decriminalization, Kurt L. Schmoke
An Argument In Favor Of Decriminalization, Kurt L. Schmoke
Hofstra Law Review
This Article discusses the reasons why a policy of prohibition has not only failed to solve the drug abuse problem, but has made the problem worse. In response to such failings, this Article recommends, as an alternative to a drug-policy based on law enforcement, a measured and carefully implemented program of drug decriminalization based on the public health system. An alternate name for this policy is "medicalization."
Legal Cocaine And Kids: The Very Bitterness Of Shame, Gregory A. Loken Esq., James Kennedy M.D.
Legal Cocaine And Kids: The Very Bitterness Of Shame, Gregory A. Loken Esq., James Kennedy M.D.
Hofstra Law Review
No abstract provided.
The Moral And Practical Case For Drug Legalization, James Ostrowski
The Moral And Practical Case For Drug Legalization, James Ostrowski
Hofstra Law Review
No abstract provided.
The Uneasy Decriminalization: A Perspective On Dutch Drug Policy, Henk Jan Van Vliet
The Uneasy Decriminalization: A Perspective On Dutch Drug Policy, Henk Jan Van Vliet
Hofstra Law Review
No abstract provided.
Solving The Drug Problem: A Public Health Approach To The Reduction Of The Use And Abuse Of Both Legal And Illegal Recreational Drugs, Steven Jonas
Hofstra Law Review
No abstract provided.
Report From The Front Line: The Bennett Plan, Street-Level Drug Enforcement In New York City And The Legalization Debate, Michael Z. Letwin
Report From The Front Line: The Bennett Plan, Street-Level Drug Enforcement In New York City And The Legalization Debate, Michael Z. Letwin
Hofstra Law Review
No abstract provided.
A Bill To Repeal Criminal Drug Laws: Replacing Prohibition With Regulation, Joseph L. Galiber
A Bill To Repeal Criminal Drug Laws: Replacing Prohibition With Regulation, Joseph L. Galiber
Hofstra Law Review
No abstract provided.
Creation Of An International Anti-Prohibitionist League In The Field Of Drugs, Marie-Andree Bertrand
Creation Of An International Anti-Prohibitionist League In The Field Of Drugs, Marie-Andree Bertrand
Hofstra Law Review
No abstract provided.
Notes From The Front: A Dissident Law-Enforcement Perspective On Drug Prohibition, John T. Schuler, Arthur Mcbride
Notes From The Front: A Dissident Law-Enforcement Perspective On Drug Prohibition, John T. Schuler, Arthur Mcbride
Hofstra Law Review
No abstract provided.
Aids And The Criminal Law: Traditional Approaches And A New Statutory Proposal, David Robinson Jr.
Aids And The Criminal Law: Traditional Approaches And A New Statutory Proposal, David Robinson Jr.
Hofstra Law Review
No abstract provided.