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Articles 1 - 30 of 107
Full-Text Articles in Criminal Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman
The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman
Department of Justice Studies Faculty Scholarship and Creative Works
The purpose of this essay is to examine the discourses that surrounded the life of Leon Czolgosz, the assassin of President William McKinley. The gaps in Czolgosz’s life, his peculiar silences, his poor health and the ambiguity and thinness of his confession, rather than taken as instances of mental and physical distress, have, instead, been understood as signs of a revolutionary anarchistic assassin. Czolgosz is an expression of a cultural tradition in somatic form. I argue that the discursive construction of criminality, already present in the late nineteenth century within the medical and human sciences, is what shaped Czolgosz’s life …
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
All Faculty Scholarship
For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two …
In Drag On Drugs, Ibpp Editor
In Drag On Drugs, Ibpp Editor
International Bulletin of Political Psychology
Since commentators generally assert that the war on illegal and illicit drugs has been a failure, we should evaluate the assertion and, then, opine on why there is a war, winnable or not.
What Economists Really Know, And What They Don't, Richard Adelstein
What Economists Really Know, And What They Don't, Richard Adelstein
Richard Adelstein
Realism, Punishment & Reform [A Reply To Braman, Kahan, And Hoffman, "Some Realism About Punishment Naturalism”], Paul H. Robinson, Owen D. Jones, Robert O. Kurzban
Realism, Punishment & Reform [A Reply To Braman, Kahan, And Hoffman, "Some Realism About Punishment Naturalism”], Paul H. Robinson, Owen D. Jones, Robert O. Kurzban
All Faculty Scholarship
Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our articles: Concordance and Conflict in Intuitions of Justice (http://ssrn.com/abstract=932067), The Origins of Shared Intuitions of Justice (http://.ssrn.com/abstract=952726), and Intuitions of Justice: Implications for Criminal Law and Justice Policy (http://.ssrn.com/abstract=976026). Our reply, here, follows their article in that coming issue. As we demonstrate, they have misunderstood our views on, and thus the implications of, widespread agreement about punishing the "core" of wrongdoing. Although much of their …
"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira
"Why Rebottle The Genie?": Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira
Indiana Law Journal
Closure, though a term with great rhetorical force in the capital punishment context, has to date evaded systematic analysis, instead becoming embroiled in ideological controversy. For victims who have rubbed the rights lamp for years, inclusion in capital proceedings and accompanying closure opportunities are perceived as a force with the potential to grant wishes of peace and finality. Scholars, however, argue for rebottling the closure genie lest closure itself prove false or its pursuit violate a defendant's constitutional rights. In order to effectively appraise the relationship of closure to criminal jurisprudence, however, and thus to decide whether and to what …
Do Judges Vary In Their Treatment Of Race?, David S. Abrams, Marianne Bertrand, Sendhil Mullainathan
Do Judges Vary In Their Treatment Of Race?, David S. Abrams, Marianne Bertrand, Sendhil Mullainathan
All Faculty Scholarship
Are minorities treated differently by the legal system? Systematic racial differences in case characteristics, many unobservable, make this a difficult question to answer directly. In this paper, we estimate whether judges differ from each other in how they sentence minorities, avoiding potential bias from unobservable case characteristics by exploiting the random assignment of cases to judges. We measure the between-judge variation in the difference in incarceration rates and sentence lengths between African-American and White defendants. We perform a Monte Carlo simulation in order to explicitly construct the appropriate counterfactual, where race does not influence judicial sentencing. In our data set, …
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos
Michael Diathesopoulos
This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …
Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert
Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert
Faculty Publications and Presentations
This article delves into the interaction between federal and state laws prohibiting human trafficking. The article advocates for comprehensive human trafficking laws at the state level, including police training, victim aftercare, forfeiture, and prosecution as essential elements. It looks comprehensively at the existing state laws prohibiting human trafficking. Additionally it examines the five existing models for state law and suggests benefits and potential improvements for each model. The article concludes y advocating a holistic law prohibiting human trafficking in the Commonwealth of Virginia.
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz, Douglas M. Weck
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz, Douglas M. Weck
All Faculty Scholarship
The Model Penal Code made great advances in clarity and legality, moving most of the states from a mix of common law and ad hoc statutes to the modern American form of a comprehensive, succinct code that has served as a model around the world. Yet the decades since the wave of Model Code-based codifications have seen a steady degradation of American codes brought on by a relentless and accelerating rate of criminal law amendments that ignore the style, format, and content of the existing codes. The most damaging aspect of this trend is the exponentially increasing number of offense …
The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay
The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
The paper reviews the different frameworks for international criminal justice in which China’s influence can be measured, or should be present, looking specifically at procedural traditions on which international criminal law and its jurisprudence are said to be based. Understanding China as a transitional hybrid criminal justice model undergoing radical transformation in its justice delivery and discourse, it is argued, assists significantly in forecasting where the synthesis of international criminal procedure may be heading. Attached to a re-interpretation and critique of individualised liability is the unpacking of China’s in principle commitment to communitarian rights and social protection as a foundation …
Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos
Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos
Michael Diathesopoulos
This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …
Stalking - Rechtliche Und Kriminologische Aspekte, Daniel H. Heinke
Stalking - Rechtliche Und Kriminologische Aspekte, Daniel H. Heinke
Dr. Daniel H. Heinke
The Tennessee Death Penalty: Prosecutors, Juries And The Impact Of Race, Kristin Amber Wagers
The Tennessee Death Penalty: Prosecutors, Juries And The Impact Of Race, Kristin Amber Wagers
Doctoral Dissertations
The impact of race within the American criminal justice system has seen long-term debate and has been studied by numerous social scientists. This dissertation examines the criminal justice system by analyzing data created by the Tennessee courts to determine whether race impacts the administration of Tennessee’s death penalty. This dissertation examines whether race impacts the overall administration of Tennessee’s death penalty, a Tennessee prosecutor’s decision to seek death, and a Tennessee jury’s decision to impose death. The impact of race at each stage is analyzed by logistic regression to isolate the defendant’s race, the victim’s race, and the racial interaction …
Putting Forfeiture To Work, Sarah M. Buel
Putting Forfeiture To Work, Sarah M. Buel
SARAH M BUEL
Intimate partner violence (“IPV”) victims are increasingly turning to the courts for help, too often with poor results. Successful witness tampering by offenders sabotages the court system by silencing victims through an array of unlawful conduct, including coercion and violence. The doctrine of forfeiture by wrongdoing should afford a viable solution, but several obstacles constrain its efficacy. Much confusion exists regarding witness tampering and forfeiture law as a result of the recent trilogy of the Crawford, Davis, and Giles Supreme Court decisions. Their cumulative effect is decreased doctrinal uniformity within a perplexing scheme that is difficult to implement. The resulting …
Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest
Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest
Office for Policy Studies on Violence Against Women Publications
In 2006, more than 3,600 women in the United States lost their lives to homicide. Descriptive data regarding homicides of women are beginning to reveal important complexities regarding victim–offender relationships, severity of injury, and age of female homicide victim. More specifically, there is some indication that the correlation between victim–offender relationship and injury severity may be conditional, depending on victim age. This retrospective review accessed medical examiner records of female homicide victims from 2002 through 2004, and its findings offer additional illumination on the trends in associations of injury and relationship variables in the homicide of women over their life …
Watching Justice Come Alive, Daniel Weiss, Donna M. Hughes Dr.
Watching Justice Come Alive, Daniel Weiss, Donna M. Hughes Dr.
Donna M. Hughes
22. Young Children’S Emerging Ability To Make False Statements., Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
22. Young Children’S Emerging Ability To Make False Statements., Thomas D. Lyon, Elizabeth C. Ahern, Jodi A. Quas
Thomas D. Lyon
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor
International Bulletin of Political Psychology
The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.
Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie
Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie
Graduate Research Symposium (2010 - 2017)
The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …
Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell
Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell
Liz Campbell
The collection and retention of DNA samples are seen universally as crucial for purposes of criminal investigation and prosecution, as a means of excluding innocent suspects, and of exonerating the wrongfully convicted. However, there is less consistency across jurisdictions regarding whose DNA should be obtained by the state and for how long it should be stored. The need for a measured approach in this context is underlined by the “exceptionalism” of genetic material, given the depth and sensitivity of the information contained within, and the potential for “function creep”, whereby state powers insidiously increase and data gathered for one purpose …
Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq
Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq
Donna M. Hughes
Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.
Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.
Donna M. Hughes
14. Investigative Interviewing Of The Child., Thomas D. Lyon
14. Investigative Interviewing Of The Child., Thomas D. Lyon
Thomas D. Lyon
21. Children’S Reasoning About Disclosing Adult Transgressions: Effects Of Maltreatment, Child Age, And Adult Identity., Thomas D. Lyon, Elizabeth C. Ahern, Lindsay A. Malloy, Jodi A. Quas
21. Children’S Reasoning About Disclosing Adult Transgressions: Effects Of Maltreatment, Child Age, And Adult Identity., Thomas D. Lyon, Elizabeth C. Ahern, Lindsay A. Malloy, Jodi A. Quas
Thomas D. Lyon
Federal Hill Resident And Restaurateur Forced To Move Because Of Spa-Brothel, Melanie Shapiro Esq, Donna M. Hughes Dr.
Federal Hill Resident And Restaurateur Forced To Move Because Of Spa-Brothel, Melanie Shapiro Esq, Donna M. Hughes Dr.
Donna M. Hughes
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
All Faculty Scholarship
No abstract provided.
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy
Journal Articles
For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.
This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …
The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris
The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris
Grant H Morris
In August, 2008, the ABA Journal featured an article entitled: “The 25 Greatest Legal Movies.” A panel of experts, described in the article as “12 prominent lawyers who teach film or are connected to the business” selected “the best movies ever made about lawyers and the law.” This distinguished panel ranked its twenty-five top legal movies, choosing To Kill a Mockingbird as its number one legal movie. The panel also selected twenty-five films as “honorable mentions,” which were listed in alphabetical order. In my opinion, however, the real greatest legal movie of all time was not selected as the winner. …