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13,498 full-text articles. Page 1 of 122.

The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, ali reza najariyan, Saeed kharadmandi, Ali Asghar Azami, Kheyri Khazayi 2015 SelectedWorks

The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Ali Reza Najariyan, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi

ali reza najariyan

Criminal proceedings and the hostility of certain powers and procedures of the judicial system is particularly influenced by the classical justice system but now the interaction criminology in previous "posteriori" of the criminal's policy Legislative broad "Dlmas Marty" in comparison with the policy of criminal narrow "Feuerbach" in criminal purposes has portrayed legislative. the aim of the answers is "Sociality" participatory " de-Ironically " and consequently the " de prison " the criminal justice system although we have focused in this paper on their Muslim criminal policy, criminal policies of the Western model of a plurality of criminal policy in terms of the ...


Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson 2015 SelectedWorks

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...


Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello 2015 SelectedWorks

Unreasonable Doubt: Warren Hill, Aedpa, And The Unconstitutionality Of Georgia's Reasonable Doubt Standard, Adam Lamparello

Adam Lamparello

Georgia’s “beyond a reasonable doubt” standard for determining intellectual disability has led to an absurd—and arbitrary—result. A Georgia state court held that defendant Warren Hill was intellectually disabled, yet still sentenced Hill to death. Seven experts—and the court—deemed Hill disabled under a preponderance of the evidence standard. He remains on death row, however, because Georgia’s “preposterous burden of proof” requires that intellectual disability be proved beyond a reasonable doubt, a standard experts have said is nearly impossible to satisfy. It “effectively limits the constitutional right protected in Atkins,” and creates a conditional, not categorical ...


Use Common Sense Application Of The Law Of General And Specific, saeed -. kheradmandy, ali asghar azamy, Kheiry Khazayi 2015 SelectedWorks

Use Common Sense Application Of The Law Of General And Specific, Saeed -. Kheradmandy, Ali Asghar Azamy, Kheiry Khazayi

ali reza najariyan

One of the topics of discussion in general terms about the principles of jurisprudence and legal general and specific the fruits of a lot of it is applied. When word depending on its context implies gather people and learn all at once, like "everyone" this word calling the general, some people take the common, such as "some scientists" calling the special. Including general and specific traits that may have been the subject of the sentence and circle strive to implement it widely.


The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Saeed kharadmandi, Ali Asghar Azami, Kheyri Khazayi 2015 SelectedWorks

The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi

ali reza najariyan

Criminal proceedings and the hostility of certain powers and procedures of the judicial system is particularly influenced by the classical justice system but now the interaction criminology in previous "posteriori" of the criminal's policy Legislative broad "Dlmas Marty" in comparison with the policy of criminal narrow "Feuerbach" in criminal purposes has portrayed legislative. the aim of the answers is "Sociality" participatory " de-Ironically " and consequently the " de prison " the criminal justice system although we have focused in this paper on their Muslim criminal policy, criminal policies of the Western model of a plurality of criminal policy in terms of the ...


The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Saeed kharadmandi, Ali Asghar Azami, Kheyri Khazayi 2015 SelectedWorks

The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi

ali reza najariyan

Criminal proceedings and the hostility of certain powers and procedures of the judicial system is particularly influenced by the classical justice system but now the interaction criminology in previous "posteriori" of the criminal's policy Legislative broad "Dlmas Marty" in comparison with the policy of criminal narrow "Feuerbach" in criminal purposes has portrayed legislative. the aim of the answers is "Sociality" participatory " de-Ironically " and consequently the " de prison " the criminal justice system although we have focused in this paper on their Muslim criminal policy, criminal policies of the Western model of a plurality of criminal policy in terms of the ...


Dualism And Doctrine, Alex Stein, Dov Fox 2015 SelectedWorks

Dualism And Doctrine, Alex Stein, Dov Fox

Alex Stein

What kinds of harm among those that tortfeasors inflict are worthy of compensation? Which forms of self-incriminating evidence are privileged against government compulsion? What sorts of facts constitute a criminal defendant’s intent? Existing doctrine pins the answer to all of these questions on whether the injury, facts, or evidence at stake are “mental” or “physical.” The assumption that operations of the mind are meaningfully distinct from those of the body animates fundamental rules in our law.

A tort victim cannot recover for mental harm on its own because the law presumes that he is able to unfeel any suffering ...


The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin 2015 SelectedWorks

The Theatre Of Punishment: Case Studies In The Political Function Of Corporal And Capital Punishment, Bryan H. Druzin

Bryan H. Druzin

Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from public torture and corporal punishment, which occurred during the 19th century, to the availability of new techniques of social control. However, corporal and capital punishment (what we term shock punishment) persists in many penal systems to this day, suggesting that these countries have for some reason not fully undergone this penal evolution. Using the experiences of Hong Kong and Singapore as case studies, we attempt to explain why this ...


Structural Reform Litigation In American Police Departments, Stephen Rushin 2015 University of Illinois College of Law

Structural Reform Litigation In American Police Departments, Stephen Rushin

Stephen Rushin

In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to seek equitable relief against local and state police agencies that are engaged in a pattern or practice of unconstitutional misconduct. Although police departments in some of the nation’s largest cities have now undergone this sort of structural reform litigation, there has been little empirical research on the topic. Drawing on original interviews, court documents, statistical data, and media reports, this Article describes the federal government’s use of structural reform litigation in American police departments and theorizes on its effectiveness. It argues that ...


Navigating The Rock And The Whirlpool: Managing Critical Incident Investigations And Garrity, Joseph R. Sullivan 2014 SelectedWorks

Navigating The Rock And The Whirlpool: Managing Critical Incident Investigations And Garrity, Joseph R. Sullivan

Joseph R Sullivan

This article presents a best practice model for managing officer-involved shooting or other critical incident investigations on behalf of the officer; one that protects the officer’s legal interests and still preserves the most accurate factual information for investigators. Section I details the causes and effects of critical incident amnesia as it relates to officer-involved shootings. Section II analyzes the relationship between a public employee’s Fifth Amendment privilege against self-incrimination and a public employer’s ability to compel work related statements. Section III discusses the practical implications and aftermath of an officer-involved shooting or other critical incident and section ...


Ryan V. Gonzalez And The Potential Elimination Of The Ineffective Assistance Of Counsel Post Conviction Failsafe, Kathleen Carlson 2014 University of Florida Levin College of Law

Ryan V. Gonzalez And The Potential Elimination Of The Ineffective Assistance Of Counsel Post Conviction Failsafe, Kathleen Carlson

Florida Law Review

Recently, the United States Supreme Court addressed in Ryan v. Gonzales “whether the incompetence of a state prisoner requires suspension of the prisoner’s federal habeas corpus proceedings.” In a unanimous decision, the Court held that “the Courts of Appeals for the Ninth and Sixth Circuits both erred in holding that district courts must stay federal habeas proceedings when petitioners are adjudged incompetent.” The decision leaves unanswered questions with regard to a petitioner’s ability to protect himself from ineffective or incompetent counsel both before and during the habeas proceeding.


Sex Offender Residency Restrictions Serve No Purpose, Stephen Butts 2014 Golden Gate University School of Law

Sex Offender Residency Restrictions Serve No Purpose, Stephen Butts

GGU Law Review Blog

No abstract provided.


Physical Security For Elementary Schools, Tom Foley 2014 Embry-Riddle Aeronautical University

Physical Security For Elementary Schools, Tom Foley

National Security and Intelligence Symposium

Presentation to the 10th Annual National Security and Intelligence Symposium on October 23, 2013. This presentation covers techniques for improving physical security in elementary schools.


39. Evans, A. D., Stolzenberg, S., Lee, K., & Lyon, T. D. (In Press). Young Children's Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses. Behavioral Sciences & The Law., Thomas D. Lyon 2014 USC Gould School of Law

39. Evans, A. D., Stolzenberg, S., Lee, K., & Lyon, T. D. (In Press). Young Children's Difficulty With Indirect Speech Acts: Implications For Questioning Child Witnesses. Behavioral Sciences & The Law., Thomas D. Lyon

Thomas D. Lyon

Prior research suggests that infelicitous choice of questions can significantly underestimate children’s actual abilities, independently of suggestiveness. One possibly difficult question type is indirect speech acts such as “Do you know…” questions (DYK, e.g., “Do you know where it happened?”). These questions directly ask if respondents know, while indirectly asking what respondents know. If respondents answer “yes,” but fail to elaborate, they are either ignoring or failing to recognize the indirect question (known as pragmatic failure). Two studies examined the effect of indirect speech acts on maltreated and non-maltreated 2- to 7-year-olds’ post-event interview responses. Children were read ...


The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello 2014 SelectedWorks

The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello

Adam Lamparello

Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were ...


Dr John Liebert Presentation, Dr John Liebert 2014 Embry-Riddle Aeronautical University

Dr John Liebert Presentation, Dr John Liebert

National Security and Intelligence Symposium

No abstract provided.


Best Practices In Campus Threat Assessment & Management – An Overview, Sigma Threat Assessment Group 2014 Embry-Riddle Aeronautical University

Best Practices In Campus Threat Assessment & Management – An Overview, Sigma Threat Assessment Group

National Security and Intelligence Symposium

No abstract provided.


The Sex Tourism Industry Spreads To Costa Rica And Honduras: Are These Countries Doing Enough To Protect Their Children From Sexual Exploitation?, Nancy Beyer 2014 University of Georgia School of Law

The Sex Tourism Industry Spreads To Costa Rica And Honduras: Are These Countries Doing Enough To Protect Their Children From Sexual Exploitation?, Nancy Beyer

Georgia Journal of International & Comparative Law

No abstract provided.


The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson 2014 University of Georgia School of Law

The Extradition Proceedings Against General Augusto Pinochet: Is Justice Being Met Under International Law?, Anita C. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner 2014 University of Georgia School of Law

The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner

Georgia Journal of International & Comparative Law

No abstract provided.


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