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Articles 1081 - 1110 of 1118

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Helping Jurors To Make Sense Of Expert Testimony, David Aaronson Jan 1989

Helping Jurors To Make Sense Of Expert Testimony, David Aaronson

Scholarly Articles in Law Reviews & Journals

Today's jurors frequently sit in trials where confusing and conflicting expert testimony is likely to be presented by sophisticated and highly trained individuals, using terminology unfamiliar to the average person. Proposals have been made and trial courts are experimenting with various procedures—none thoroughly evaluated— to improve jurors’ ability to cope with such testimony. My purpose here is to more clearly identify the problem and to review some of the reform proposals.


Double Inchoate Crimes, Ira Robbins Jan 1989

Double Inchoate Crimes, Ira Robbins

Scholarly Articles in Law Reviews & Journals

American criminal law treats the inchoate crimes of attempt, conspiracy, and solicitation as substantive offenses punishable by criminal sanctions. The legal system criminalizes the types. of behavior that constitute these offenses to intervene before an actor completes the intended illegal act. Some jurisdictions now recognize the concept of double inchoate crimes, punishing inchoate offenses that are the immediate objects of other inchoate offenses. In this Article, Professor Robbins examines the concept of double inchoate crimes, first by tracing the evolution of inchoate offenses and then by reviewing the judicial development of double inchoate crimes. Arguing that double inchoate crimes are …


The Legal Dimensions Of Private Incarceration, Ira P. Robbins Jan 1989

The Legal Dimensions Of Private Incarceration, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Impact Of The Delegation Doctrine On Prison Privatization, Ira Robbins Jun 1988

Impact Of The Delegation Doctrine On Prison Privatization, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Few people would argue that the state of our nation's prisons and jails is ideal. Apart from whatever other ills plague these institutions, overcrowding is pervasive. Populations have doubled in a decade, and with preventive detention, mandatory minimum sentences, habitual offender statutes, and the abolition of parole in some jurisdictions, there is no relief in sight. Some states are even leasing or purchasing prison space in other states. And it is costing the taxpayers more than seventeen million dollars a day to operate the facilities, with estimates ranging up to sixty dollars a day per inmate.


Retributory Theatre, Edward M. Morgan Jan 1988

Retributory Theatre, Edward M. Morgan

American University International Law Review

No abstract provided.


Execution Of Juvenile Offenders By The United States Violates International Human Rights Law, David Weissbrodt Jan 1988

Execution Of Juvenile Offenders By The United States Violates International Human Rights Law, David Weissbrodt

American University International Law Review

No abstract provided.


Improving Human Rights Protections: Recommendations For Enhancing The Effectiveness Of The Inter-American Commission And Inter-American Court Of Human Rights, Dinah Shelton Jan 1988

Improving Human Rights Protections: Recommendations For Enhancing The Effectiveness Of The Inter-American Commission And Inter-American Court Of Human Rights, Dinah Shelton

American University International Law Review

No abstract provided.


Has The Time Come For Judicial Sabbaticals, Ira P. Robbins Jan 1988

Has The Time Come For Judicial Sabbaticals, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins Jan 1988

Privatization Of Prisons: An Analysis Of The State Action Requirement Of The Fourteenth Amendment And 42 U.S.C. § 1983, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The privatization of prisons raises important issues with respect to liability in suits brought by inmates. If a private company operates the prison, the state likely will be directly involved in some aspects of prison life, such as using force when necessary or making quasi-judicial decisions, but it may not be directly involved in the day-to-day operation of the institution. This dichotomy of involvement may lead to con- fusion over responsibility and accountability when a violation of rights is alleged to have occurred. When a private party, as opposed to a government employee, is charged with abridging rights guaranteed …


Privatizing Corrections: Defining The Issues, Ira Robbins May 1987

Privatizing Corrections: Defining The Issues, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins Apr 1987

Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Jurisdiction Over Terrorists Who Take Hostages: Efforts To Stop Terror-Violence Against United States Citizens, Elizabeth R. P. Bowen Jan 1987

Jurisdiction Over Terrorists Who Take Hostages: Efforts To Stop Terror-Violence Against United States Citizens, Elizabeth R. P. Bowen

American University International Law Review

No abstract provided.


The Absence Of Justice, Robert Dinerstein Jan 1984

The Absence Of Justice, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Expropriation In The Energy Industry: Canada's Crown Share Provision As A Violation Of International Law, Diane Orentlicher Jan 1984

Expropriation In The Energy Industry: Canada's Crown Share Provision As A Violation Of International Law, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Habeas Corpus Certificate Of Probable Cause, Ira P. Robbins Jan 1983

The Habeas Corpus Certificate Of Probable Cause, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts Jan 1982

Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Legal Aspects Of Prison Riots, Ira Robbins Jan 1982

Legal Aspects Of Prison Riots, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement." When such a bomb detonates and a prison riot erupts, …


Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins Feb 1981

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins

Book Reviews

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.


Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira Robbins Mar 1980

Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation, vol. III. By 4leksandr Z Solzhenitsyn. Translated from the Russian by Harry Willetts. New York: Harper & Row. 1978. Pp. x, 558. $16.95.


The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins Jan 1980

The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Solipsism And Criminal Liability, Ira Robbins Jan 1980

Solipsism And Criminal Liability, Ira Robbins

Scholarly Articles in Law Reviews & Journals

A viable legal system and a free society can endure and progress only by continuing to debate fundamental principles. Thus, often it is useful to return to underlying precepts in order to refine and comprehend more fully the contemporary state of knowledge. This article posits the case of the solipsist-one who denies the existence of all physical reality and maintains that his own ego alone exists-as a criminal defendant. Others, most notably Professor Lon L. Fuller, have expounded upon the manifold ways in which certain harsh necessities, externally impose upon common people, can test the rules of the criminal law. …


A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins Oct 1978

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …


A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler Jan 1978

A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno Jan 1978

Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno

Scholarly Articles in Law Reviews & Journals

In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …


Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins Jan 1978

Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …


Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson Jan 1978

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins Jan 1978

Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson Jan 1978

Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson

Scholarly Articles in Law Reviews & Journals

Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …


Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira Robbins May 1977

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira Robbins

Scholarly Articles in Law Reviews & Journals

The 1960's marked a watershed for the criminal justice system. In such areas as search and seizure, right to counsel and the privilege against self-incrimination, the federal courts first defined substantive constitutional rights and then imposed them upon disinclined functionaries at the state level. At first, these innovations raised thorny questions of constitutional interpretation about the rights involved, but, as is especially visible in the search and seizure area, the debate more recently has focused on the remedy chosen by the Supreme Court for enforcing these rights against the states.' This pattern of escalating federal involvement in the criminal justice …


Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser Jan 1977

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser

Scholarly Articles in Law Reviews & Journals

No abstract provided.