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Articles 1 - 30 of 101
Full-Text Articles in Criminal Law
Miranda--Some History, Some Observations, And Some Questions, Karl P. Warden
Miranda--Some History, Some Observations, And Some Questions, Karl P. Warden
Vanderbilt Law Review
At this writing Miranda v. Arizona' is less than four months old. Although its place in the annals of leading constitutional decisions is assured, its meaning for, and influence upon, the criminal law process in the United States is not at all certain. It will require years of data accumulation and analysis to determine how profound an effect it will have and to evaluate that effect in terms of social impact. It is too soon to know whether the Miranda case has started a new revolution in the administration of criminal justice or has merely ended an old one. Is …
Review Of H.L.A. Hart, The Morality Of The Criminal Law, Oxford University Press (1965), Stanley Z. Fisher
Review Of H.L.A. Hart, The Morality Of The Criminal Law, Oxford University Press (1965), Stanley Z. Fisher
Faculty Scholarship
This slim volume contains the text of two lectures given by Professor Hart at the Hebrew University of Jerusalem in 1964. The first lecture, "Changing Conceptions of Responsibility," expresses concern at the turn in which the "liberal" criminal law reform movement in England has taken in connection with the law of criminal responsibility. Professor Hart takes issue with the stand of a leading reformer, Lady Wootton, who advocates abolition of the mens rea prerequisite to penal liability. In her view, the mental state of a harm-doer is relevant not to determining his penal liability (conviction), but only to the decision …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust Law--Conspiracy To Eliminate Discounters From Automobile Market a Per Se Violation of Sherman Act
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Antitrust Law--Merger of Two Major Competitors in Industry with History of Concentration Violates Section 7 of Clayton Act
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Criminal Law--Future Confessions Will Be Inadmissible Unless Specified Pre-trial Procedures Are Followed
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Juvenile Courts--Juvenile Delinquent Entitled to Hearing On Question of Waiver of Jurisdiction
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Labor Law--Public Carrier Can Make Unnegotiated Unilateral Changes in Collective Agreements When "Reasonably Necessary" To Maintain Service
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Labor Law--In Future NLRB Elections, Employer Must Furnish List of Employees' Names and Addresses
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Taxation--Thin Incorporation Not Tantamount to Disqualification …
Taxation-Legal Fees In Unsuccessful Criminal Defense Held Deductible As Business Expenses
Taxation-Legal Fees In Unsuccessful Criminal Defense Held Deductible As Business Expenses
Washington and Lee Law Review
No abstract provided.
Alcoholism And Its Symptoms: Crime Or Disease?
Alcoholism And Its Symptoms: Crime Or Disease?
Washington and Lee Law Review
No abstract provided.
In Cold Blood—A True Account Of Multiple Murder And Its Consequences, By Truman Capote (1966), Norval Morris
In Cold Blood—A True Account Of Multiple Murder And Its Consequences, By Truman Capote (1966), Norval Morris
Washington Law Review
No abstract provided.
Preclusion/Res Judicata Variables: Criminal Prosecutions, Allen D. Vestal, John C. Coughenour
Preclusion/Res Judicata Variables: Criminal Prosecutions, Allen D. Vestal, John C. Coughenour
Vanderbilt Law Review
In criminal litigation, similar doctrines have been invoked. Double jeopardy has precluded a second prosecution of an individual because of a single group of operative facts. This is parallel to claim preclusion which bars relitigation of a claim. When sequential prosecutions for different crimes occur there has been a bar against relitigation of a specific issue. This is issue preclusion. Issue preclusion has also been invoked where civil and criminal proceedings are involved serially. With some frequency the courts have been willing to use preclusion/res judicata where the precluding judgment is criminal and the precluded litigation is civil. On the …
Federal Habeas Corpus And The State Court Criminal Defendant, Frank W. Wilson
Federal Habeas Corpus And The State Court Criminal Defendant, Frank W. Wilson
Vanderbilt Law Review
Federal habeas corpus for state prisoners is one of the most controversial and emotion-ridden subjects in the entire field of criminal law. Considering the period over which this controversy has continued, it is surely one of the oldest unresolved disputes between the state and federal courts. The removal of an action from a state to a federal court may sometimes cause ruffled feelings, but few judges remain long offended at being relieved of trying a lawsuit. On the other hand, when a federal judge reverses a state judge who has been affirmed by the state appellate courts, forcing him to …
Notes For Law Day Speech, Lewis F. Powell Jr.
Notes For Law Day Speech, Lewis F. Powell Jr.
Powell Speeches
Speech delivered at Richmond Kiwanis Club, Richmond, Virginia.
Criminal Law - Chronic Alcoholics Can Not Be Convicted For Public Drunkenness. Driver V. Hinnant, __ F.2d __ (1966), Charles Mcdonald
Criminal Law - Chronic Alcoholics Can Not Be Convicted For Public Drunkenness. Driver V. Hinnant, __ F.2d __ (1966), Charles Mcdonald
William & Mary Law Review
No abstract provided.
Criminal Law - Murder - Proof Of Malice. Biddle V. Commonwealth, 206 Va. 14 (1965), Robert A. Hendel
Criminal Law - Murder - Proof Of Malice. Biddle V. Commonwealth, 206 Va. 14 (1965), Robert A. Hendel
William & Mary Law Review
No abstract provided.
Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.
Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.
Michigan Law Review
Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …
Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson
Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson
All Faculty Scholarship
There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …
The Prospective Defendant Rule And The Privilege Against Self-Incrimination In New York, Paul Ivan Birzon, David A. Gerard
The Prospective Defendant Rule And The Privilege Against Self-Incrimination In New York, Paul Ivan Birzon, David A. Gerard
Buffalo Law Review
No abstract provided.
Constitutional Law—Serving Liquor To Minors In Own Home Not In Violation Of Section 484(3) Of Penal Law, George Wallach
Constitutional Law—Serving Liquor To Minors In Own Home Not In Violation Of Section 484(3) Of Penal Law, George Wallach
Buffalo Law Review
People v. Martell, 16 N.Y.2d 245, 212 N.E.2d 433, 264 N.Y.S.2d 913, (1965).
Compensation For Victims Of Crime—Some Practical Considerations, Robert A. Sandler
Compensation For Victims Of Crime—Some Practical Considerations, Robert A. Sandler
Buffalo Law Review
No abstract provided.
Criminal Law--Comment On Defendant's Failure To Testify, James Truman Cooper
Criminal Law--Comment On Defendant's Failure To Testify, James Truman Cooper
West Virginia Law Review
No abstract provided.
Uniform Crime Reports, Peter P. Lejins
Uniform Crime Reports, Peter P. Lejins
Michigan Law Review
The Uniform Crime Reports are-both nationally and internationally- an extremely important statistical series, and an invitation by the Michigan Law Review to comment on this annual compilation is very much appreciated: This writer has felt for some time that the recent frequent statements on the Uniform Crime Reports in the daily press and some professional journals have created a considerable amount of unnecessary confusion. This opportunity to analyze the issues involved is therefore most gratifying.
Abstracts Of Recent Cases, John Welton Fisher Ii
Abstracts Of Recent Cases, John Welton Fisher Ii
West Virginia Law Review
No abstract provided.
Criminal Law--Use Of Injunctive Proceedings To Suppress Evidence, Ellen Fairfax Warder
Criminal Law--Use Of Injunctive Proceedings To Suppress Evidence, Ellen Fairfax Warder
West Virginia Law Review
No abstract provided.
A Critical View Of The Uniform Crime Reports, Sophia M. Robison
A Critical View Of The Uniform Crime Reports, Sophia M. Robison
Michigan Law Review
No one would deny that the FBI performs a vital function in investigating, identifying, and tracking down suspects who may endanger the life, liberty, and property of Americans. However, this writer feels that the Uniform Crime Reports published by the FBI should be subjected to a very critical analysis. Of primary concern are the indiscriminate acceptance of the official data by legislators and social science investigators and the doubtful inferences which a frightened public draws from news releases proclaiming that "the U.S. is sitting on a seething volcano of crime."
Double Punishment For Burglarious Offenses
Double Punishment For Burglarious Offenses
Washington and Lee Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Advertising--Use of "Free," a Deceptive Practice Under the Federal Trade Commission Act
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Anti-Trust Law--Conspiracy To Subvert Competitor's Employees and Customers Violates Section 1 of the Sherman Act
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Conflict of Laws--Depositor's Request That Disposition of Foreign-Owned Funds Deposited In New York Bank Be Governed By New York Law Upheld as a Matter of Public Policy
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Constitutional Law--Applicability of Agricultural Adjustment Act of 1938 to Wheat Grown On State-Owned Farms
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Corporations--Dissolution of Close Corporation Not Granted On Mere Showing of Low Profits Insufficient To Provide Minority Shareholder With Adequate Return on Invested Capital
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Criminal Law--Illegal Searches and …
Federal Double Jeopardy Policy, Jay A. Sigler
Federal Double Jeopardy Policy, Jay A. Sigler
Vanderbilt Law Review
The fifth amendment provision against double jeopardy is one of the basic protections afforded defendants by the United States Constitution. Its roots are found in early common law,' and the policies which it represents have been gradually defined by federal courts to meet various situations of inequality in the position of a criminal defendant confronted by federal prosecuting attorneys. Presently the double jeopardy provision is not incorporated by the fourteenth amendment as a restriction upon state action, but this condition may not prevail much longer. Should double jeopardy become incorporated into the "due process" clause of the fourteenth amendment, states …
Sarah & The Senator. Robert H. Kroninger.
Sarah & The Senator. Robert H. Kroninger.
Washington and Lee Law Review
No abstract provided.
The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review
The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review
Michigan Law Review
The practice of imprisonment for failure to pay a fine levied for a criminal violation originated in twelfth-century England; its subsequent unanimous acceptance in the United States is manifested in the provisions in the statutes of every state and of the federal government authorizing imprisonment for nonpayment of fines. A few states not only commit the defendant to jail for nonpayment of the fine, but impose hard labor as well. Some states, however, have mitigated to a degree the harshness of the practice. For example, Arizona restricts the total period of confinement for the crime and the default of the …
Abstracts Of Recent Cases, Lynne Ward Rexroad
Abstracts Of Recent Cases, Lynne Ward Rexroad
West Virginia Law Review
No abstract provided.
Extraterritorial Application Of Penal Legislation, B. J. George Jr.
Extraterritorial Application Of Penal Legislation, B. J. George Jr.
Michigan Law Review
One of the most difficult words in the legal lexicon to delineate is the term "jurisdiction"; it is equally difficult to relate this term to the concept of "venue." The term "jurisdiction" is constantly invoked by courts in a variety of contexts, some relating to geography, some to governmental and judicial structure, some to legislative or judicial power, some to persons, and some to procedures. Thus, it is difficult to discern a common thread of meaning or a consistent pattern of application from the cases in which the word appears.
Constitutional Law--Voluntary Confession, Menis Elbert Ketchum Ii
Constitutional Law--Voluntary Confession, Menis Elbert Ketchum Ii
West Virginia Law Review
No abstract provided.
Criminal Law--Due Process And The Statute Of Limitations, Forrest Hansbury Roles
Criminal Law--Due Process And The Statute Of Limitations, Forrest Hansbury Roles
West Virginia Law Review
No abstract provided.