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Articles 1 - 29 of 29
Full-Text Articles in Criminal Law
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind
Criminal Innovation And The Warrant Requirement: Reconsidering The Rights-Police Efficiency Trade-Off, Tonja Jacobi, Jonah Kind
Tonja Jacobi
It is routinely assumed that there is a trade-off between police efficiency and the warrant requirement. But existing analysis ignores the interaction between police investigative practices and criminal innovation. Narrowing the definition of a search or otherwise limiting the requirement for a warrant gives criminals greater incentive to innovate to avoid detection. With limited police resources to develop countermeasures, police will often be just as effective at capturing criminals when facing higher Fourth Amendment hurdles. We provide a game theoretic model that shows that when police investigation and criminal innovation are considered in a dynamic context, the police efficiency rationale …
"Shut Up. Pay More. This Is What You Voted For." Why You Don't See Me At San Francisco's Hall Of Justice., David D. Butler
"Shut Up. Pay More. This Is What You Voted For." Why You Don't See Me At San Francisco's Hall Of Justice., David D. Butler
David D. Butler
This 2,285 essay combines California's often violent history with European and American high and low culture to explain my decision to leave San Francisco in the 1970's and to study and practice law in other states. At the time, I was platflorm man (operator) on the 30 Stockton electric trolley through South of Market, the Financial District, Chinatown, Pacific Heights, and the Marina. Nevertheless, at the time the Nation of Islam had at least one armed group, the Zebra killers, murdering Whites, often slowly with machetes. I joined the White, Middle-Class, Taxpaying majority in their diaspora to safer places. My …
The Rise Of Planning In Industrial America, 1865-1914
The Rise Of Planning In Industrial America, 1865-1914
Richard Adelstein
How American firms grew very large after the Civil War, and how Americans responded to them.
Firms As Social Actors, Richard Adelstein
Firms As Social Actors, Richard Adelstein
Richard Adelstein
A close look at what firms are and how they act.
Organizations And Economics, Richard Adelstein
Organizations And Economics, Richard Adelstein
Richard Adelstein
A contribution to a symposium on a paper by Richard Posner.
Economics Of Plea Bargaining, Richard Adelstein
Economics Of Plea Bargaining, Richard Adelstein
Richard Adelstein
A short summary of earlier work for a sociological audience.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp
Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp
ExpressO
By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s action is …
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A formal model of the law of fair use.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Deterring Roper’S Juveniles: Why Immature Criminal Youth Require The Death Penalty More Than Adults – A Law & Economics Approach, Moin A. Yahya
Deterring Roper’S Juveniles: Why Immature Criminal Youth Require The Death Penalty More Than Adults – A Law & Economics Approach, Moin A. Yahya
ExpressO
In Roper v. Simmons, the United States Supreme Court declared the death penalty for juveniles unconstitutional. It relied on three reasons, one of which concerns this article, namely the theory that juveniles are less culpable and deterrable than adults. The Court relied on the American Medical Association’s amicus brief which purported to show scientifically that juveniles had less developed brains than adults. The Court characterized juveniles as being risk-lovers who highly preferred the present over the future, who loved gains no matter how risky but did not care for losses, and who could not engage in proper cost-benefit analysis, because …
Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein
Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein
Richard Adelstein
A theory of central planning employing Austrian themes and applied to private firms and Taylorism.
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Equity And Efficiency In Markets For Ideas, Richard Adelstein
Richard Adelstein
Intellectual property and patent protection in light of the AIDS crisis in Africa.
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.
Victims As Cost Bearers, Richard Adelstein
Victims As Cost Bearers, Richard Adelstein
Richard Adelstein
A brief recasting of the price exaction model.
Four Entries, Richard Adelstein
Four Entries, Richard Adelstein
Richard Adelstein
Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"
Deciding For Bigness, Richard Adelstein
Deciding For Bigness, Richard Adelstein
Richard Adelstein
Antitrust as a constitutional constraint on the growth of firms.
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein
Richard Adelstein
A theory of intellectual goods as distinct from public or private goods, and the rationale for copyright that flows from it.
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein
Richard Adelstein
A comparative view of adjudication by guilty plea in the US and the UK.
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Institutional Function And Evolution In The Criminal Process, Richard Adelstein
Richard Adelstein
An extended development of the foundations of the price exaction model of the criminal process.
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
Richard Adelstein
More on price exaction, and punishments as conveyors of cost information in the criminal process.
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Richard Adelstein
A further development of the price exaction model and an application to the problem of sentencing standards.
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
An early exposition of the price exaction framework and the place of plea bargaining in it.
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Richard Adelstein
A model of congestion in housing and pricing policy to address it.
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
My dissertation of 1975, published by Garland Publishing in their series Outstanding Dissertations in Economics, 1984
Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein
Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein
Richard Adelstein
An analysis of Porter v. United States (1973), a case involving the value of items owned by Lee Harvey Oswald.