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Deterrence's Difficulty, Neal Kumar Katyal Aug 1997

Deterrence's Difficulty, Neal Kumar Katyal

Michigan Law Review

We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …


Corruption-A General Review With An Emphasis On The Role Of The World Bank, Ibrahim F.I. Shihata May 1997

Corruption-A General Review With An Emphasis On The Role Of The World Bank, Ibrahim F.I. Shihata

Penn State International Law Review (1982 - 2011)

No abstract provided.


Drugs And Corruption In Latin America, Olukonyinsola Ajayi May 1997

Drugs And Corruption In Latin America, Olukonyinsola Ajayi

Penn State International Law Review (1982 - 2011)

No abstract provided.


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Feb 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …


Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler Jan 1997

Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler

UIC Law Review

No abstract provided.


Defining Use Of A Firearm, Alan M. Gilbert Jan 1997

Defining Use Of A Firearm, Alan M. Gilbert

Journal of Criminal Law and Criminology

No abstract provided.


Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz Jan 1997

Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz

Journal of Criminal Law and Criminology

No abstract provided.


Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld Jan 1997

Robert Mcnamara And The Art And Law Of Confession: ‘A Simple Desultory Philippic (Or How I Was Robert Mcnamara’D Into Submission)’, Robert N. Strassfeld

Faculty Publications

This Article examines McNamara's "confession" and the public response to it within the context of an American tradition of confession in law and literature. Part I traces that tradition to the criminal conversion narratives and gallows speeches of colonial New England. Puritan society had clear expectations of what it took to make a good confession, and the Article identifies these rules for confession. It also examines the functions of confession in that society and argues that these confessions had several social consequences, including easing the consciences of those implicated in the criminal's punishment; bolstering civil and religious authority; warning the …


Affirmative Action And The Criminal Law, Paul Butler Jan 1997

Affirmative Action And The Criminal Law, Paul Butler

University of Colorado Law Review

No abstract provided.


Ethics, Professionalism, And Meaningful Work, William H. Simon Jan 1997

Ethics, Professionalism, And Meaningful Work, William H. Simon

Faculty Scholarship

Much of the anxiety and dissatisfaction associated with legal ethics arises from the categorical quality of the bar's dominant norms. These norms take the form of relatively inflexible rules insensitive to all but a few of the circumstances of the cases they govern. Hence they often require the lawyer to take actions that contribute to injustice or to refrain from actions that would avert injustice.

For example, many lawyers believe that a criminal defender is obliged to impeach a truthful complaining witness even though the only immediate purpose of this tactic is to encourage the trier to draw a mistaken …


Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat Jan 1997

Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat

UIC Law Review

No abstract provided.


Greek Letter Subculture, Adrien D. Scales Jan 1997

Greek Letter Subculture, Adrien D. Scales

Theses, Dissertations and Capstones

In this study, surveys were administered to a sample of 90 Undergraduate students on the campus of Marshall University, for the Second Summer Term off 1997, for the purpose of exploring the environmental components that support conditions favorable to the development of subculture groups similar to gangs. For the purpose of this study, students were classified into two different groups, members of Greek letter organization and nonmembers of Greek letter organizations.


Three Strikes: Can We Return To Rationality, Michael Vitiello Jan 1997

Three Strikes: Can We Return To Rationality, Michael Vitiello

Journal of Criminal Law and Criminology

No abstract provided.


Statistical Aspects Of Cases Concerning Racial Discrimination In Drug Sentencing: Stephens V. State And U.S. V. Armstrong, Joseph L. Gastwirth, Tapan K. Nayak Jan 1997

Statistical Aspects Of Cases Concerning Racial Discrimination In Drug Sentencing: Stephens V. State And U.S. V. Armstrong, Joseph L. Gastwirth, Tapan K. Nayak

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 1997

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Sword Or Shield: Due Process And The Fugitive Disentitlement Doctrine, Martha B. Stolley Jan 1997

Sword Or Shield: Due Process And The Fugitive Disentitlement Doctrine, Martha B. Stolley

Journal of Criminal Law and Criminology

No abstract provided.


Ineffective Assistance Of Counsel: The Case For An Ex Ante Parity Standard, Donald A. Dripps Jan 1997

Ineffective Assistance Of Counsel: The Case For An Ex Ante Parity Standard, Donald A. Dripps

Journal of Criminal Law and Criminology

No abstract provided.


Reckless Complicity, Sanford H. Kadish Jan 1997

Reckless Complicity, Sanford H. Kadish

Journal of Criminal Law and Criminology

No abstract provided.


Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter Jan 1997

Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter

Journal of Criminal Law and Criminology

No abstract provided.


Comment On Ingraham's Moral Duty To Talk And The Right To Silence, Gregory W. O'Reilly Jan 1997

Comment On Ingraham's Moral Duty To Talk And The Right To Silence, Gregory W. O'Reilly

Journal of Criminal Law and Criminology

No abstract provided.


Driving While Black And All Other Traffic Offenses: The Supreme Court And Pretextual Traffic Stops, David A. Harris Jan 1997

Driving While Black And All Other Traffic Offenses: The Supreme Court And Pretextual Traffic Stops, David A. Harris

Journal of Criminal Law and Criminology

No abstract provided.


Recent Books Jan 1997

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.


Montana V. Egelhoff--Reflections On The Limits Of Legislative Imagination And Judicial Authority, Ronald J. Allen Jan 1997

Montana V. Egelhoff--Reflections On The Limits Of Legislative Imagination And Judicial Authority, Ronald J. Allen

Journal of Criminal Law and Criminology

No abstract provided.


Supreme Court Rejects Fifth And Fourteenth Amendment Protection Against The Forfeiture Of An Innocent Owner's Property, Jami Brodey Jan 1997

Supreme Court Rejects Fifth And Fourteenth Amendment Protection Against The Forfeiture Of An Innocent Owner's Property, Jami Brodey

Journal of Criminal Law and Criminology

No abstract provided.


Go Directly To Jail, Do Not Pass Go, Do Not Keep House, Matthew Costigan Jan 1997

Go Directly To Jail, Do Not Pass Go, Do Not Keep House, Matthew Costigan

Journal of Criminal Law and Criminology

No abstract provided.


A Case For Harmless Error Review For Ake Errors, Kristen Brown Jan 1997

A Case For Harmless Error Review For Ake Errors, Kristen Brown

Journal of Criminal Law and Criminology

No abstract provided.


Pleas, Plain Language And Precedent: Applicability Of Rules 11(F) And 31(E) To Criminal Forfeiture Provisions, Angela Crawford Jan 1997

Pleas, Plain Language And Precedent: Applicability Of Rules 11(F) And 31(E) To Criminal Forfeiture Provisions, Angela Crawford

Journal of Criminal Law and Criminology

No abstract provided.


Could This Be The End Of The Fourth Amendment Protections For Motorists, Craig M. Glantz Jan 1997

Could This Be The End Of The Fourth Amendment Protections For Motorists, Craig M. Glantz

Journal of Criminal Law and Criminology

No abstract provided.


Maybe Soldiers Have Rights After All, Nicole E. Jaeger Jan 1997

Maybe Soldiers Have Rights After All, Nicole E. Jaeger

Journal of Criminal Law and Criminology

No abstract provided.


Goodbye To The Defense Of Selective Prosecution, Melissa L. Jampol Jan 1997

Goodbye To The Defense Of Selective Prosecution, Melissa L. Jampol

Journal of Criminal Law and Criminology

No abstract provided.