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Articles 1 - 30 of 45
Full-Text Articles in Law
The Federalization Of Crime And Sentencing, Nora V. Demleitner
The Federalization Of Crime And Sentencing, Nora V. Demleitner
Scholarly Articles
Not available.
The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies
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
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
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
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
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.
Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons
Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons
Scholarly Works
No abstract provided.
Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss
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
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
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
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 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
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.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
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
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
Qualified Immunity: Ignorance Excused, Barbara E. Armacost
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 …
Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman
Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman
Law Faculty Scholarly Articles
This Article discusses the potential use of electronic cash for money laundering and possible government responses to the problem. Parts I and II provide an overview of electronic cash. Part III explores the effects that electronic cash can have on money laundering. Part IV explains through a series of hypotheticals how "cyberlaundering" can occur. Part V analyzes the federal government's response to the threat of money laundering with electronic cash. Part VI concludes the Article with suggestions.
Legal Images Of Motherhood: Conflicting Definitions From Welfare Reform Family And Criminal Law , Jane C. Murphy
Legal Images Of Motherhood: Conflicting Definitions From Welfare Reform Family And Criminal Law , Jane C. Murphy
Cornell Law Review
No abstract provided.
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy
All Faculty Scholarship
Part I of this Article explores the traditional idealized view of motherhood that child placement statutes and court decisions reflect. These laws include statutes and case law in custody disputes between parents and in child protection proceedings under civil and criminal laws where the dispute is between the parent and the state. Part II contrasts the legal construct of motherhood that child placement laws embody with the legal image of mothers in child support and welfare law.
Part III examines the impact of these conflicting images of motherhood on a particular group of mothers -- battered women. Battered women illuminate …
Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle
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.
Bribery In Commerce - New Zealand, Frank X. Quin Mr
Bribery In Commerce - New Zealand, Frank X. Quin Mr
Frank X Quin
New Zealand's criminal law on bribery dates back nearly 100 years with virtually no attention to revision or reform over that period, reflecting (perhaps) the country's relatively corruption-free status. Yet there remains ambiguity on just what comes within the ambit of the criminal offences and, especially, what is meant by "corruptly".
Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin
Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This Article begins, in Part I, with a brief review of the past four decades" of psychiatric and psychological testimony in criminal trials (henceforth referred to simply as "psychiatric testimony"). Although this review cannot be called comprehensive, it does make clear that, contrary to what the popular literature would have us believe, psychiatric innovation is neither at an all time high nor the prevalent form of opinion testimony by mental health professionals. At the same time, such "nontraditional" expert opinion from clinicians, on those rare occasions when it does occur, has changed over the past few decades in both content …
La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley
La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley
Scholarly Works
A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …
Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax
Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
A new progressive movement in the law profoundly affected the American judicial climate of the 1930s and 1940s. The jurisprudence of American Legal Realism, which sprang from the progressive American sociological jurisprudence, boasted the adherence of some of America's most influential legal minds. Legal Realism, which complemented the New Deal reform legislation emerging in the 1930s, advocated judicial deference to legislative and administrative channels on matters of social and economic policy. Judicial activism, which had been used as a tool for the protection of economic rights since the late nineteenth century, was seen as inimical to progressive social reform and, …
Silencing Nullification Advocacy Inside The Jury Room And Outside The Courtroom, Nancy J. King
Silencing Nullification Advocacy Inside The Jury Room And Outside The Courtroom, Nancy J. King
Vanderbilt Law School Faculty Publications
Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification power to acquit defendants who face sentences that jurors view as too harsh, who have been subjected to what jurors consider to be unconscionable governmental action, who have engaged in conduct that jurors do not believe is culpable, or who have harmed victims whom jurors consider unworthy of protection. Recent reports suggest jurors today are balking in trials in which a conviction could trigger a "three strikes" or …
An Argument For Preserving The Agency Defense As Applied To Prosecutions For Unlawful Sale, Delivery, And Possession Of Drugs, Scott W. Parker
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
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
The Relevance Of "Execution Impact" Testimony As Evidence Of Capital Defendants' Character, Darcy F. Katzin
Fordham Law Review
No abstract provided.
Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer
Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer
Articles
No abstract provided.