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Articles 1 - 30 of 79
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Comment On The Criminal Law As A Threat System, John Braithwaite
Comment On The Criminal Law As A Threat System, John Braithwaite
Journal of Criminal Law and Criminology
No abstract provided.
First Amendment--Drug Paraphernalia Statutes And The Constitution: The Court Creates A Legal Haze, Jeffrey J. Vawrinek
First Amendment--Drug Paraphernalia Statutes And The Constitution: The Court Creates A Legal Haze, Jeffrey J. Vawrinek
Journal of Criminal Law and Criminology
No abstract provided.
What 'Counts' As Law?, Anthony D'Amato
What 'Counts' As Law?, Anthony D'Amato
Faculty Working Papers
A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …
Transborder Data Flow: Separating The Privacy Interests Of Individuals And Corporations, Garry S. Grossman
Transborder Data Flow: Separating The Privacy Interests Of Individuals And Corporations, Garry S. Grossman
Northwestern Journal of International Law & Business
The merger of computer and communications technologies in the past two decades has revolutionized information processing throughout the world. The most recent telecommunications advances possible direct international transfers of sensitive personal data via computer-satellite links. Computerized data bases containing commercial information identifying citizens of one country are now routinely transferred to and stored in another, often without the knowledge of the individuals identified in the data. Numerous European countries have enacted data protection legislation with the avowed intent to protect their citizens from the improper use of personal information that is transferred extranationally. These data protection laws prohibit the export …
Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman
Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman
Northwestern Journal of International Law & Business
Eximbank, a wholly-owned government corporation with the status of an independent agency, operates under the charter of the Export-Import Bank of 1945, as amended. In this article, which forms a part of his broader study of the Bank, Professor Hillman examines the influence of Congress and the Executive Branch on Eximbank's policies and decisions. He analyzes the development of the statutory provisions governing capitalization, operating (especially lending) standards and organizational structure, as well as budget status and annual program authority. He then takes up the influence of the executive branch, as exercised through the President's power to appoint principal officers …
International Trading Companies: Building On The Japanese Model, Robert W. Dziubla
International Trading Companies: Building On The Japanese Model, Robert W. Dziubla
Northwestern Journal of International Law & Business
Passage of the Export Trading Company Act of 1982 provides new opportunities for American business to organize and operate general trading companies. After presenting a thorough history and description of the Japanese sogoshosha, Mr. Dziubla gives several compelling reasons for Americans to establish export trading companies. He also examines the changes in United States banking and antitrust laws that have resulted from passage of the act and offers suggestions for drafting guidelines, rules, and regulations for the Export Trading Company Act.
The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell
The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell
Northwestern Journal of International Law & Business
This comment will look at the social, economic, and environmental situation pertaining to the Amazon region, the present regulation and policy, and foreseeable future trends, from three vantage points. The Brazilian perspective is one of conflicting interests, with the country's dramatic need for economic development balanced against its need to prevent the Amazon, its most valuable resource, from total destruction. The international perspective is one of increasing awareness of the global impact of the deforestation of tropical moist forests, and the need to develop and implement regional and international policies to manage this resource. The United States perspective considers the …
Transborder Data Flow: Problems With The Council Of Europe Convention, Or Protecting States From Protectionism, Jane A. Zimmerman
Transborder Data Flow: Problems With The Council Of Europe Convention, Or Protecting States From Protectionism, Jane A. Zimmerman
Northwestern Journal of International Law & Business
This comment will discuss the current status of national data protection laws and their effect on the conflict between the individual interest in retaining personal privacy and the business interest in preserving the free flow of information. Such discussion will highlight the consequences of the proposed Council of Europe Convention's regulation of personal data. A brief look at the history f the information industry, as well as the costs of and justifications for transborder data flow, will serve to establish a framework for the issues and controversies which the Convention addresses. The comment will also focus on specific proviisons of …
The Speedy Trial Act Of 1974: Effects On Delays In Federal Criminal Litigation, George S. Bridges
The Speedy Trial Act Of 1974: Effects On Delays In Federal Criminal Litigation, George S. Bridges
Journal of Criminal Law and Criminology
No abstract provided.
China's Criminal Codes, Jerome Alan Cohen
China's Criminal Codes, Jerome Alan Cohen
Journal of Criminal Law and Criminology
No abstract provided.
The Criminal Procedure Law Of The People's Republic Of China
The Criminal Procedure Law Of The People's Republic Of China
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Justice In Post-Mao China: Some Preliminary Observations, Shao-Chuan Leng Leng
Criminal Justice In Post-Mao China: Some Preliminary Observations, Shao-Chuan Leng Leng
Journal of Criminal Law and Criminology
No abstract provided.
A Comparison Of The Chinese And Soviet Codes Of Criminal Law And Procedure, Harold J. Berman, Susan Cohen, Malcolm Russell
A Comparison Of The Chinese And Soviet Codes Of Criminal Law And Procedure, Harold J. Berman, Susan Cohen, Malcolm Russell
Journal of Criminal Law and Criminology
No abstract provided.
The People's Republic Of China And The Presumption Of Innocence, Timothy A. Gelatt
The People's Republic Of China And The Presumption Of Innocence, Timothy A. Gelatt
Journal of Criminal Law and Criminology
No abstract provided.
Corporal Punishment And Penal Policy: Notes On The Continued Use Of Corporal Punishment With Reference To South Africa, James O. Midgley
Corporal Punishment And Penal Policy: Notes On The Continued Use Of Corporal Punishment With Reference To South Africa, James O. Midgley
Journal of Criminal Law and Criminology
No abstract provided.
Rethinking Heat Of Passion: A Defense In Search Of A Rationale, Joshua Dressler
Rethinking Heat Of Passion: A Defense In Search Of A Rationale, Joshua Dressler
Journal of Criminal Law and Criminology
No abstract provided.
The Economic Inefficiency Of Corporate Criminal Liability, John T. Byam
The Economic Inefficiency Of Corporate Criminal Liability, John T. Byam
Journal of Criminal Law and Criminology
No abstract provided.
The Criminal Law As A Threat System, Ernest Van Den Haag
The Criminal Law As A Threat System, Ernest Van Den Haag
Journal of Criminal Law and Criminology
No abstract provided.
Over-Reaction--The Mischief Of Miranda V. Arizona, Fred E. Inbau
Over-Reaction--The Mischief Of Miranda V. Arizona, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Remarks By Governor James R. Thompson On The Attorney General's Task Force On Violent Crime, James R. Thompson
Remarks By Governor James R. Thompson On The Attorney General's Task Force On Violent Crime, James R. Thompson
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Liability, Public Policy, And The Principle Of Legality In The Republic Of South Africa, Lee W. Potts
Criminal Liability, Public Policy, And The Principle Of Legality In The Republic Of South Africa, Lee W. Potts
Journal of Criminal Law and Criminology
No abstract provided.
Diversion Of Church Funds To Personal Use: State, Federal And Private Sanctions, Barry W. Taylor
Diversion Of Church Funds To Personal Use: State, Federal And Private Sanctions, Barry W. Taylor
Journal of Criminal Law and Criminology
No abstract provided.
Perceived Risk And Deterrence: Methodological Artifacts In Perceptual Deterrence Research, Raymond Paternoster, Linda E. Saltzman, Theodore G. Chiricos, Gordon P. Waldo
Perceived Risk And Deterrence: Methodological Artifacts In Perceptual Deterrence Research, Raymond Paternoster, Linda E. Saltzman, Theodore G. Chiricos, Gordon P. Waldo
Journal of Criminal Law and Criminology
No abstract provided.
Sexual Assault And Its Prosecution: A Comparison With Other Crimes, Martha A. Myers, Gary D. Lafree
Sexual Assault And Its Prosecution: A Comparison With Other Crimes, Martha A. Myers, Gary D. Lafree
Journal of Criminal Law and Criminology
No abstract provided.
Fourth Amendment--A Renewed Plea For Relevant Criteria For The Admissibility Of Tainted Confessions, William D. Levinson
Fourth Amendment--A Renewed Plea For Relevant Criteria For The Admissibility Of Tainted Confessions, William D. Levinson
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Prosecutor Not Presumed Vindictive In Pretrial Charge Increases After Defendant's Request For Jury Trial, Elizabeth M. Mills
Fifth Amendment--Prosecutor Not Presumed Vindictive In Pretrial Charge Increases After Defendant's Request For Jury Trial, Elizabeth M. Mills
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Twice Jeopardizing The Rights Of The Accused: The Supreme Court's Tibbs And Kennedy Decisions, Deborah L. Schmitt
Fifth Amendment--Twice Jeopardizing The Rights Of The Accused: The Supreme Court's Tibbs And Kennedy Decisions, Deborah L. Schmitt
Journal of Criminal Law and Criminology
No abstract provided.
Eighth Amendment--Minors And The Death Penalty: Decision And Avoidance, Helene B. Greenwald
Eighth Amendment--Minors And The Death Penalty: Decision And Avoidance, Helene B. Greenwald
Journal of Criminal Law and Criminology
No abstract provided.
Fourteenth Amendment--Criminal Procedure: The Impeachment Use Of Post-Arrest Silence Which Precedes The Receipt Of Miranda Warnings, David E. Melson
Fourteenth Amendment--Criminal Procedure: The Impeachment Use Of Post-Arrest Silence Which Precedes The Receipt Of Miranda Warnings, David E. Melson
Journal of Criminal Law and Criminology
No abstract provided.