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21,450 full-text articles. Page 2 of 362.

Original Meaning And The Death Penalty, John Stinneford 2019 University of St. Thomas, Minnesota

Original Meaning And The Death Penalty, John Stinneford

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Prosecuting A Capital Case, Jeff Thomson 2019 University of St. Thomas, Minnesota

Prosecuting A Capital Case, Jeff Thomson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Death Penalty: A Dialogue On Morality And The Law: Remarks By Steve Kaplan, Steve Kaplan 2019 University of St. Thomas, Minnesota

The Death Penalty: A Dialogue On Morality And The Law: Remarks By Steve Kaplan, Steve Kaplan

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Death Penalty: A Dialogue On Morality And The Law: Remarks By Jeanne Bishop, Jeanne Bishop 2019 University of St. Thomas, Minnesota

The Death Penalty: A Dialogue On Morality And The Law: Remarks By Jeanne Bishop, Jeanne Bishop

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Fear-Based Provocation, Michal Buchhandler-Raphael 2019 Washington and Lee University School of Law

Fear-Based Provocation, Michal Buchhandler-Raphael

Michal Buchhandler-Raphael

This Article offers three major contributions to challenge existing view of provocation: first, it considers psychological research that found that fear, similarly to anger, may also significantly interfere with individuals’ decision making processes by disturbing rational judgment, therefore sometimes leading to lethal aggression. Second, drawing on this research, this Article argues that provocation doctrine should be reconstructed to also include a fear-based prong. Third, recognizing fear-based provocation calls for rejecting the loss of control paradigm that currently dominates judges’ and jurors’ perception of the defense. In its place, this Article advocates focusing on the fearful defendant’s fear of violence ...


Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael 2019 Washington and Lee University School of Law

Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael

Michal Buchhandler-Raphael

This Article proposes a constitutional constraint to limit criminalization of victimless crimes and, particularly, to alleviate the pressures on the criminal justice system emanating from its continuous “war on drugs.” To accomplish this goal, the Article explores the concept of human dignity, a fundamental right yet to be invoked in the context of substantive criminal law. The U.S. Supreme Court’s jurisprudence invokes conflicting accounts of human dignity: liberty as dignity, on the one hand, and communitarian virtue as dignity, on the other. However, the Court has not yet developed a workable mechanism to reconcile these competing concepts in ...


Finding Their Feet: How Reentry Court Changes The Path Ofreturning Citizens In The District Of Minnesota, 2019 University of Minnesota Law School

Finding Their Feet: How Reentry Court Changes The Path Ofreturning Citizens In The District Of Minnesota

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman 2019 Montclair State University

The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman

Cary Federman

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 ...


Habeas Corpus In The Age Of Guantánamo, Cary Federman 2019 Montclair State University

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Cary Federman

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then ...


The Conundrum Of Voluntary Intoxication And Sex, Michal Buchhandler-Raphael 2019 Selected Works

The Conundrum Of Voluntary Intoxication And Sex, Michal Buchhandler-Raphael

Michal Buchhandler-Raphael

Research shows that a significant number of sexual assaults occur after victims have consumed an excessive amount of intoxicants, rendering them substantially impaired and incapable of opposing nonconsensual sexual acts. Existing sexual assault statutes mostly criminalize sexual acts with involuntarily intoxicated people, namely when the defendant administered the intoxicants to the victim. Most of these statutes, however, do not directly prohibit sexual intercourse with voluntarily intoxicated victims whose intoxication was self-inflicted. While general prohibitions against sexual intercourse with physically and mentally incapacitated individuals may be used to prosecute sexual assaults of intoxicated victims, they offer only an incomplete solution to ...


The Failure Of Consent: Re-Conceptualizing Rape As Sexual Abuse Of Power, Michal Buchhandler-Raphael 2019 Washington and Lee School of Law

The Failure Of Consent: Re-Conceptualizing Rape As Sexual Abuse Of Power, Michal Buchhandler-Raphael

Michal Buchhandler-Raphael

This Article argues that while rape law reform has accomplished significant changes in the past decades, the reform has since stalled. The contemporary focus on the element of consent might account for this stagnation. This move has both failed to effect instrumental change in the courts as well as in social norms, and is conceptually flawed and normatively misguided. The practical result of these deficiencies is that rape, as defined by our criminal justice system, bears little resemblance to the various forms of sexual abuses that are inflicted on victims. While rape law typically criminalizes only the physically violent sexual ...


Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright 2019 University of Maryland Francis King Carey School of Law

Class V. United States: An Imperfect Application Of The Menna-Blackledge Doctrine To Post-Guilty Plea Constitutional Claims, Nikolaus Albright

Maryland Law Review

No abstract provided.


Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson 2019 University of Pennsylvania Law School

Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson

Faculty Scholarship at Penn Law

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized ...


"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael 2019 DePaul University College of Law

"I Assumed Chicago Would Be In The Forefront": Comments On The Movement To End Prostitution With Survivor-Leader Brenda Myers-Powell, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

For many years in the 2000’s, researcher Jody Raphael, teamed with prostitution-survivor Brenda Myers-Powell, undertook a myriad of speaking engagements in the Chicago metropolitan area, intended to raise awareness of the violence and coercion in the sex trade industry. Ten years ago, they were asked to make a video of their presentation. Recently, Dignity editors came across the video and asked for an update on the conversation. This piece is the result.


Down To The Last Strike: The Effect Of The Jury Lottery On Conviction Rates, Scott Kostyshak, Neel U. Sukhatme 2019 Department of Economics, University of Florida

Down To The Last Strike: The Effect Of The Jury Lottery On Conviction Rates, Scott Kostyshak, Neel U. Sukhatme

Georgetown Law Faculty Publications and Other Works

How much does luck matter to a criminal defendant in a jury trial? We use rich data on jury selection and a novel identification strategy to causally estimate how parties who are randomly assigned a less favorable jury (as proxied by whether their attorneys exhaust their peremptory strikes) fare at trial. We find that criminal defendants who lose the “jury lottery” are more likely to be convicted than their similarly-situated counterparts, with a significant effect for black defendants. Our results are robust to alternate specifications and raise important policy questions about race and the use of peremptory strikes in the ...


Is Reasonable Doubt Self-Defining?, Lawrence T. White, Michael D. Cicchini 2019 Villanova University Charles Widger School of Law

Is Reasonable Doubt Self-Defining?, Lawrence T. White, Michael D. Cicchini

Villanova Law Review

No abstract provided.


Pinkerton Short-Circuits The Model Penal Code, Andrew Ingram 2019 Villanova University Charles Widger School of Law

Pinkerton Short-Circuits The Model Penal Code, Andrew Ingram

Villanova Law Review

No abstract provided.


International Law Of Nuclear Weapons Nonproliferation: Application To Non-State Actors, Imrana Iqbal 2019 University of Maryland University College

International Law Of Nuclear Weapons Nonproliferation: Application To Non-State Actors, Imrana Iqbal

Pace International Law Review

International legal responses to the threat of nuclear terrorism by non-state actors have been many but often inconsistent, inadequate, and legally unsound. This Article argues in favor of resorting to successfully-implemented methods of dealing with similar crimes. International law has already expanded from its original statist conceptions and scope to include individuals, such as in international human rights norms and international humanitarian laws. In the latter, in particular, the law has expanded in the context of both international and non-international armed conflict. This Article argues that the advancement of law in these areas can lend much to efforts to bring ...


William Barr, Letter To The House And Senate Judiciary Committees, Dated March 29, 2019, William P. Barr 2019 Office of the Attorney General of the United States

William Barr, Letter To The House And Senate Judiciary Committees, Dated March 29, 2019, William P. Barr

Federal Documents

"I write in response to Chairman Nadler's March 25, 2019 letter and Chairman Graham's March 27, 2019 letter, which addressed the investigation of Special Counsel Robert S. Mueller, III and the "confidential report" he has submitted to me pursuant to 28 C.F.R. § 600.8(c)."


Judiciary And State-Building Of Kosovo: Execution Of Imprisonment For Women In The Republic Of Kosovo, Saranda Leka, Dukagjin Leka 2019 University of Prishtina

Judiciary And State-Building Of Kosovo: Execution Of Imprisonment For Women In The Republic Of Kosovo, Saranda Leka, Dukagjin Leka

International Journal on Responsibility

Historically it is known that criminal offenses made by females are in lower level than the criminal offenses made by males. However, regardless of gender, it is important to note that for the perpetrators of criminal offenses have also been created the legal basis, and earlier has been used also the customary law, in order to sanction these criminal offenses. But, the main problem throughout the history of mankind has been that through the execution of these sanctions is the re-socialization of those persons achieved, especially for the females, as well as the issue of the physical aspect of the ...


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