Law Commons^™

The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies

Duke Law Journal

Ignorantia legis non excusat-ignorance of the law does not excuse-is a centuries-old criminal law maxim familiar to lawyer and layperson alike. Under the doctrine, an accused finds little protection in the claim "But, I did not know the law," for all are presumed either to be familiar with the law's commands or to proceed in ignorance at their own peril. The ignorant must be punished along with the knowing, the maxim teaches, to achieve a better educated and more law-abiding populace and to avoid the easy-to-assert and difficult-to-dispute claim of ignorance that would otherwise flow from the lips of any …

Racial Disparity And The Death Penalty, John C. Mcadams

Law and Contemporary Problems

McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.

The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen

Law and Contemporary Problems

Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.

Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson

Indiana Law Journal

No abstract provided.

Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester

Law and Contemporary Problems

Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.

Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Universality Principle And War Crimes, Yoram Dinstein

International Law Studies

No abstract provided.

At Least Treat Us Like Criminals: South Carolina Responds To Victims' Pleas For Equal Rights, Thad H. Westbrook

South Carolina Law Review

No abstract provided.

Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey

Indiana Law Journal

No abstract provided.

Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan

Alaska Law Review

No abstract provided.

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Qualified Immunity: Ignorance Excused, Barbara E. Armacost

Vanderbilt Law Review

Public officials receive qualified immunity from damages liability for constitutional violations if they reasonably could have believed their actions were constitutional under clearly established law. In this regard qualified immunity is quite unusual. In most other legal contexts, failure to know the law is virtually never excused. The only other context where notice or knowledge of illegality plays any role is in criminal law, but even mistakes of penal law are rarely excused.

In this Article, Professor Armacost uses fair notice in criminal law as a paradigm for analyzing the role of notice in constitutional damages actions. She argues that …

Legal Images Of Motherhood: Conflicting Definitions From Welfare Reform Family And Criminal Law , Jane C. Murphy

Cornell Law Review

No abstract provided.

Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle

ILSA Journal of International & Comparative Law

Since the late 1970's, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines.

An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker

Fordham Law Review

No abstract provided.

The Criminal Regulation Of Lawyers, Bruce A. Green

Fordham Law Review

No abstract provided.

The Relevance Of "Execution Impact" Testimony As Evidence Of Capital Defendants' Character, Darcy F. Katzin

Fordham Law Review

No abstract provided.

Exiling The New Felons: The Consequences Of The Retroactive Application Of Aggravated Felony Convictions To Lawful Permanent Residents

San Diego Law Review

Aliens who commit serious crimes must undoubtedly be deported. American citizens need neither endure the atrocities committed by alien terrorists nor continue to subsidize the unstoppable river of illegal aliens flowing across the borders. Today, over four million illegal aliens live in the United States; at least a quarter of a million more undocumented aliens enter this country each year,' contributing to the serious immigration problems suffered by the United States. Though the concerns raised by immigration policies have periodically surfaced during the last few decades, both legal immigrants and illegal aliens were largely ignored or tolerated during much of …

Criminal Law: Diagram Of A Drug Sentence--Defining Mixture Or Substance On The Basis Of Utility In United States V. Richards, Matthew Thomas Geiger

Oklahoma Law Review

No abstract provided.

The Irony Of Harmless Error, Charles S. Chapel

Oklahoma Law Review

No abstract provided.

Criminal Law: Oklahoma's New Standard Of Proof In Competency Proceedings: Due Process, State Interests, And A Murderer Named Cooper--Cooper V. Oklahoma, Seth Branham

Oklahoma Law Review

No abstract provided.

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Fordham Law Review

No abstract provided.

Retribution Revisited: A Reconsideration Of Feminist Criminal Law Reform Strategies, Dianne L. Martin

Osgoode Hall Law Journal

Were the last 30 years of feminist law reform activity around criminal justice misdirected? Or, if not misdirected, have the efforts been appropriated and manipulated by the New Right? This commentary reflects on this history, and on the failures of the retributive justice project generally, and argues for a reexamination of both. The discussion focuses on the tactics of the New Right and on the retributive goals of some victims' rights organizations as a means of highlighting the unintended consequences of key feminist initiatives around violence against women. Finally, the commentary identifies alternatives to retribution and a need for careful …

Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing

Journal of Law and Health

The focus of this Note is the upcoming development of a new tort cause of action which would afford battered women full recovery and also help alleviate a growing public health epidemic. This Note argues that battered women syndrome is a valid psychological theory which has a place in civil litigation as a recognized cause of action. Although the theory is criticized by feminist scholars who believe that the testimony may perpetuate gender bias in criminal trials, the syndrome is still advantageous for women seeking redress in civil courts. Part I examines the phenomenon of battered women syndrome and its …

State V. Lovejoy: Hung Juries And Retrial Vs. Double Jeopardy And Collateral Estoppel, Nicole M. Ellis

Cleveland State Law Review

This article argues that the Supreme Court of Ohio's decision in Lovejoy helps to preserve the purpose of our criminal laws, which is to protect society. The article starts by recapping the events leading up to trial, then it breaks down the court decisions on appeal. The analysis of these decisions arrives at the conclusion that allowing a defendant to be retried on charges in which the accused was not previously acquitted, but rather the jury was hung or there was a mistrial, does not frustrate justice but instead greatly increases the opportunities for justice. In addition, the accused is …

Where We Have Been, And Where We Might Be Going: Some Cautionary Reflections On Rape Law Reform, The Sixty-Eighth Cleveland-Marshall Fund Lecture , Joshua Dressler

Cleveland State Law Review

We should always be looking to see where we are, how we got there, and where we appear to be going. My purpose in this article has been to ask those questions in the context of rape law. In evaluating rape reform, I have tried to be fair-minded and balanced in my observations. I have suggested areas in which the law should go further to protect against sexual misconduct, but I have also expressed my belief that rape law reform threatens to move in undesirable directions. In particular, I have argued that there is a risk that courts will follow …

Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan

Law and Contemporary Problems

A strategy for regaining control of federal criminal law, the reallocation of interpretive criminal law-making power within the Executive Branch, is discussed.