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Articles 1 - 27 of 27
Full-Text Articles in Law
Criminal Law, Michael V. Hammond, Anthony L. Harbin, William R. Calhoun Jr., Matthew Hubbell, Lucinda G. Wichmann
Criminal Law, Michael V. Hammond, Anthony L. Harbin, William R. Calhoun Jr., Matthew Hubbell, Lucinda G. Wichmann
South Carolina Law Review
No abstract provided.
The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer
The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer
Dalhousie Law Journal
Why bother annotating the Criminal Code? At first blush the answer seems as plain to the casual reader as it did to Sir Charles: judges and others join Parliament in making criminal law. Indeed, despite the promise implicit in its short title, the Criminal Code is no more than An Act respecting the Criminal Law - a near-code which was and is a boat designed to be full of holes, to the great comfort of those standing by as it was launched in 1892 and, to a lesser extent, those hard at work bailing it out today. Today's Code admits …
Alaska Supreme Court Year In Review 1989, Douglas S. Phillips, F. Brian Schneiderman, Agustin D. Diodati
Alaska Supreme Court Year In Review 1989, Douglas S. Phillips, F. Brian Schneiderman, Agustin D. Diodati
Alaska Law Review
No abstract provided.
The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen
The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen
University of Miami Entertainment & Sports Law Review
No abstract provided.
Why The Criminal Justice System Can't Control Crime, Gerald S. Reamey
Why The Criminal Justice System Can't Control Crime, Gerald S. Reamey
Faculty Articles
No abstract provided.
The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin
The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin
University of Miami Law Review
No abstract provided.
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
Duke Law Journal
No abstract provided.
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Criminal Law
No abstract provided.
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Faculty Scholarship
American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.
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.
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
Vanderbilt Journal of Transnational Law
This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …
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.
Compulsory Psychological Examination In Sexual Offense Cases: Invasion Of Privacy Or Defendant’S Right?, Judith Greenberg
Compulsory Psychological Examination In Sexual Offense Cases: Invasion Of Privacy Or Defendant’S Right?, Judith Greenberg
Fordham Law Review
No abstract provided.
Cross-Examination Of Defendant's Character Witnesses: In Favor Of The Prosecutor's Inquiry Into The Charges At Bar, Risa Karen Plaskowitz
Cross-Examination Of Defendant's Character Witnesses: In Favor Of The Prosecutor's Inquiry Into The Charges At Bar, Risa Karen Plaskowitz
Fordham Law Review
No abstract provided.
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
In this Article I provide an economic analysis of criminal law as a preference-shaping policy. I argue that in addition to creating disincentives for criminal activity, criminal punishment is intended to promote various social norms of individual behavior by shaping the preferences of criminals and the population at large. By taking into account this preference-shaping function, I explain many of the characteristics of criminal law that have heretofore escaped the logic of the economic model. It is also the preference-shaping function and the prerequisite ordering of preferences that distinguish criminal law from tort law. My analysis suggests that society will …
Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas
Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas
Faculty Scholarship
In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.2 …
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …