Digital Commons Network^™

A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes

American Indian Law Review

No abstract provided.

The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman

Cardozo Journal of Equal Rights & Social Justice

The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.

Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Domination In The Theory Of Justification And Excuse, George P. Fletcher

Faculty Scholarship

The major currents driving legal theory have largely bypassed the field of criminal law. Neither the economists nor the advocates of critical legal studies ("crits") have had much to say about the theory of criminal responsibility or the proper mode of trying suspects. The economists have fallen flat in applying their rationalist models to the problems of punishing wrongdoers. The "crits" have had little to add-beyond Mark Kelman's one original and provocative article.

Of all the schools on the march in the law schools today, the feminists have had the most to say about the failings of the criminal law. …

Preventive Detention And The Judicial Prediction Of Dangerousness For Juveniles: A Natural Experiment, Jeffery Fagan, Martin Guggenheim

Faculty Scholarship

Since 1970, legislatures have increasingly relied on preventive detention – detention before trial ordered solely to prevent an accused from committing crime during the pretrial period – as an instrument of social control. Prior to this period, detention before trial was usually ordered only to assure an accused's presence at trial or to ensure the integrity of the trial process by preventing an accused from tampering with witnesses. Today, the majority of states and the federal system have changed their laws to allow judges to detain arrestees who pose a risk to society if released during the pretrial period. Half …

“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar

Cardozo Law Review

This Note will use the Waterfront Ordinance as a vehicle for examining the new heightened scrutiny standard introduced in Dolan. Part I provides an overview of takings jurisprudence and the traditional pre-Nollan and pre-Dolan standards, which were applied to determine whether an exercise of police power oversteps its bounds and interferes with private property rights guaranteed under the Fifth Amendment. Part II reviews the new standards espoused by the Supreme Court in Nollan and Dolan. Part III describes the purpose of New York City's 1993. Waterfront Zoning Ordinance and discusses its history, objectives, and provisions. Part …

Defending Duii Charges, Oregon Law Institute, Clarence E. Lankins, William Uhle, Robert G. Thuemmel, John Henry Hingson Iii, Erin K. Olson, Michael H. Marcus, John Powers, Nancy L. Macklin, Douglas A. Brown, Edward Jones, Frederick Lenzser

Oregon Law Institute, 1995

Course Materials from the October 6, 1995 Program in Portland

Taking Capital Jurors Seriously, Craig Haney

Indiana Law Journal

Symposium: The Capital Jury Project

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

The Trend Of Juvenile Justice In The United States, England, And Ireland, Sharon K. Hamric-Weis

Penn State International Law Review (1982 - 2011)

No abstract provided.

Reflections On O.J. And The Gas Chamber, J. Michael Echevarria

San Diego Law Review

This Article discusses the traditional justifications advanced in support of the death penalty and compares them with current empirical data. The justifications are then applied to the O.J. Simpson case. The Article examines the data and reasons for the incidence of error in convicting innocent defendants in capital cases. The type of representation available to O.J. Simpson is contrasted with the quality of representation accorded to most capital defendants. After comparing the empirical data with the ideological justifications for capital punishment, the Author concludes that capital punishment is not necessary.

Historical Perspective Of The "Sex Psychopath" Statute: From The Revolutionary Era To The Present Federal Crime Bill, Rachel Blacher

Mercer Law Review

No abstract provided.

Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Sweeps: An Unwarranted Solution To The Search For Safety In Public Housing, Monica L. Seter

American University Law Review

No abstract provided.

Are The Children Of Illinois Protected From Sex Offenders, 28 J. Marshall L. Rev. 883 (1995), Matthew J. Herman

UIC Law Review

No abstract provided.

Organizational Environmental Crime And The Sentencing Reform Act Of 1984: Combining Fines With Restitution, Remedial Orders, Community Service, And Probation To Benefit The Environment While Punishing The Guilty, Martin Harrell

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Conditioning A Woman's Probation On Her Using Norplant: New Weapon Against Child Abuse Backfires, Scott J. Jebson

Campbell Law Review

Several courts have required female child abusers to choose between either going to prison or accepting the surgical implantation of Norplant as a condition of probation. In this Article, Mr. Jebson argues that a Norplant probation condition is invalid because it is both unreasonable and the probationer cannot give her informed consent to the procedure. Mr. Jebson argues that requiring a woman to choose between using Norplant and going to prison may violate her fundamental right to procreate, her right to be free from cruel and unusual punishment, and her right to freely exercise her religion. Further, the Author also …

The Sentencing Controversy: Punishment And Policy In The War Against Drugs - Introduction - What Frankel Hath Wrought, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Sentencing Drug Offenders: The Incarceration Addiction, Margaret P. Spencer

Villanova Law Review (1956 - )

No abstract provided.

Defending, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Regulating Gun Markets, Philip J. Cook, Stephanie Molliconi, Thomas B. Cole

Journal of Criminal Law and Criminology

No abstract provided.

Keeping Guns Out Of The Wrong Hands: The Brady Law And The Limits Of Regulation, James B. Jacobs, Kimberly A. Potter

Journal of Criminal Law and Criminology

No abstract provided.

Reconstructing The Bill Of Rights: A Reply To Amar And Marcus's Triple Play On Double Jeopardy, Susan Herman

Faculty Scholarship

No abstract provided.

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt

Faculty Scholarship

Criminal law opinions often project a distinct image of the accused. Sometimes, she is cast in a sympathetic light and may appear vulnerable or impressionable: a single mother, whose husband has died, struggling to raise her two, loving children; an impoverished, nineteen-year-old African-American with a fifth-grade education, "mentally dull and 'slow to learn;'" or a defenseless "obedient servant," protecting himself from an "adversary armed with a deadly weapon." On other occasions, the defendant may appear threatening, savage or even diabolical: a cold-blooded recidivist that escapes from a prison workcrew, brutally stabs, rapes and murders a woman, and returns for a …

Ua12/2/1 Phase - Drugs On Campus, Wku Student Affairs

WKU Administration Documents

Special magazine edition of the College Heights Herald:

• Grundy, Julie. Reality Check: We’re a Town That Has Drugs – Rebecca Maldonado, Student Health Services
• Bernardy, Patrick. Local Drug Use: A Slow But Steady Rise – WKU Police, Audrey Spies
• Quarles, Mitchell. Know the Downers: Jail, Fines, Probation
• Hutchins, Chris. I Did It Because It Was Fun . . . I Did Them to Escape – Drug Abuse
• Bernardy, Patrick. Marijuana No Worse than Alcohol
• Hieb, Dan. Drugs Steal Freedom; Don’t Create It

Felony-Murder Doctrine Through The Federal Looking Glass, Henry S. Noyes

Indiana Law Journal

No abstract provided.

Stretching The "Terry" Doctrine To The Search For Evidence Of Crime: Canine Sniffs, State Constitutions, And The Reasonable Suspicion Standard, Kenneth L. Pollack

Vanderbilt Law Review

The Fourth Amendment, protects an individual's interest in freedom from unreasonable government intrusions into personal privacy. When a court finds an investigative technique to be a search within the Amendment's meaning, it effectively concludes that Fourth Amendment protection should apply. If the government activity constitutes a search, that activity must be reasonable. If the activity does not amount to a search, however, the government enjoys virtual freedom to conduct that activity as unreasonably as it pleases. For pure investigatory searches, the United States Supreme Court has found that the probable cause requirement strikes the proper balance in defining reasonableness. Unlike …