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Criminal Law

Journal

1998

Institution
Keyword
Publication

Articles 1 - 20 of 20

Full-Text Articles in Constitutional Law

Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine Jun 1998

Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine

American University Law Review

No abstract provided.


The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith Mar 1998

The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith

University of the District of Columbia Law Review

The District of Columbia ("the District") enjoys a unique relationship with the federal government. As a matter of Constitutional pronouncement, citizens of the District are deprived of the right to ultimate control over the content of local laws. The Constitution provides that, "[t]he Congress shall have the power ... to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."2 Since the District's establishment in 1791, 3 Congress has not hesitated to exercise …


Process, The Constitution, And Substantive Criminal Law, Louis D. Bilionis Mar 1998

Process, The Constitution, And Substantive Criminal Law, Louis D. Bilionis

Michigan Law Review

Criminal law scholars have pined for a substantive constitutional criminal law ever since Henry Hart and Herbert Packer first embraced the notion in the late 1950s and early 1960s. To this day, scholars continue to search for a theory fhat giv:es content to, in Hart's words, "the unmistakable indications that the Constitution means something definite and spμiething serious when it speaks of 'crime.'" To their dismay, the Supreme Court has - with two exceptions - seemingly resisted the notion. The two exceptions are familiar. First came the 1957 case of Lambert v. California, in which the Court came as close …


Interpreting The Constitution From Inside The Jury Box: Affecting Interstate Commerce As An Element Of The Crime, Richard W. Smith Mar 1998

Interpreting The Constitution From Inside The Jury Box: Affecting Interstate Commerce As An Element Of The Crime, Richard W. Smith

Washington and Lee Law Review

No abstract provided.


Slamming The Prison Doors On Media Interviews: California's New Regulations Demonstrate The Need For A First Amendment Right To Access To Inmates, Daniel Bernstein Jan 1998

Slamming The Prison Doors On Media Interviews: California's New Regulations Demonstrate The Need For A First Amendment Right To Access To Inmates, Daniel Bernstein

McGeorge Law Review

No abstract provided.


Double Jeopardy, Court Of Appeals: People V. Vasquez Jan 1998

Double Jeopardy, Court Of Appeals: People V. Vasquez

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman Jan 1998

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.


Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein Jan 1998

Off Broadway: The Supreme Court's Criminal Law Decisions In The 1996 Term Take Second Stage In An Historic Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding Jan 1998

Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding

Florida State University Law Review

No abstract provided.


Welcome To Anytown, U.S.A. - Home Of Beautiful Scenery (And A Convicted Sex Offender): Sex Offender Registration And Notification Laws In E.B. V. Verniero, David S. Dematteo Jan 1998

Welcome To Anytown, U.S.A. - Home Of Beautiful Scenery (And A Convicted Sex Offender): Sex Offender Registration And Notification Laws In E.B. V. Verniero, David S. Dematteo

Villanova Law Review

No abstract provided.


Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele Jan 1998

Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele

Touro Law Review

No abstract provided.


University Of Richmond Law Review Jan 1998

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Survey Of Washington Search And Seizure Law: 1998 Update, Justice Charles W. Johnson Jan 1998

Survey Of Washington Search And Seizure Law: 1998 Update, Justice Charles W. Johnson

Seattle University Law Review

This Survey, as did the previous Surveys, summarizes the predominant treatment of search and seizure issues under the Fourth Amendment and under article I, section 7 of the Washington State Constitution to the extent that this state's provision is interpreted differently from the federal provision. The Survey focuses primarily on substantive search and seizure law in the criminal context; it omits discussion of many procedural issues.


Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan Jan 1998

Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

No abstract provided.


The Irony Of Harmless Error, Charles S. Chapel Jan 1998

The Irony Of Harmless Error, Charles S. Chapel

Oklahoma Law Review

No abstract provided.


Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein Jan 1998

Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine Jan 1998

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine

Touro Law Review

No abstract provided.


Same-Sex Sexual Harassment After Oncale V. Sundowner Offshore Services, Inc.:Overcoming The History Of Judicial Discrimination In Light Of The "Common Sense" Standard, Jennifer J. Ator Jan 1998

Same-Sex Sexual Harassment After Oncale V. Sundowner Offshore Services, Inc.:Overcoming The History Of Judicial Discrimination In Light Of The "Common Sense" Standard, Jennifer J. Ator

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard Jan 1998

The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard

Campbell Law Review

The purpose of this article is to examine the constitutionality of anti-gang legislation within the context of the First Amendment. Specifically, the doctrines of vagueness and overbreadth and the related issue of freedom of association will be examined with respect to statutory provisions which criminalize gang participation.


Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl Jan 1998

Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl

Michigan Journal of International Law

Part I of this article will describe the historical evolution of U.S. extradition law as a field parallel to, but separate from, domestic criminal procedure. Part II of this article describes the Parretti case and the Ninth Circuit's holding that the federal extradition statutory scheme of Title 18, United States Code, Section 3184, violates the Fourth Amendment to the extent that it authorizes the issuance of a provisional arrest warrant by a court without a prior evidentiary showing of probable cause to believe that the fugitive committed the crime charged abroad. Part III explores some of the implications and effects …