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Articles 3121 - 3150 of 3261
Full-Text Articles in Entire DC Network
The Right Of Privacy, Richard A. Posner
Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond
Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond
Articles
Grievances and restlessness among convicted prisoners led to legislation-in 1943 in Massachusetts, in 1957 in Connecticut-establishing sentence review boards composed of three judges of the trial courts of first instance. The authors explore in these two jurisdictions bow often and under what circumstances sentences are appealed and modified and what effect, if any, these modifications have on the sentencing practice in the trial courts. They also appraise the value of the Connecticut requirement that the review board state the reasons for its decisions. The authors explore the function of the review boards in the broader context of the need for …
Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer
Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer
Articles
No abstract provided.
Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar
Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar
Articles
In recent decades, few matters have split the Supreme Court, troubled the legal profession, and agitated the public as much as the police interrogation-confession cases. The recent case of Brewer v. Williams3 is as provocative as any, because the Supreme Court there revdrsed the defendant's conviction for the "savage murder of a small child" even though no Justice denied his guilt,4 he was warned of his rights no fewer than five times, 5 and any "interrogation" that might have occurred seemed quite mild.6
Religious Totalism: Gentle And Ungentle Persuasion Under The First Amendment, Richard Delgado
Religious Totalism: Gentle And Ungentle Persuasion Under The First Amendment, Richard Delgado
Articles
No abstract provided.
Organically Induced Behavioral Change In Correctional Institutions: Release Decisions And The New Man Phenomenon, Richard Delgado
Organically Induced Behavioral Change In Correctional Institutions: Release Decisions And The New Man Phenomenon, Richard Delgado
Articles
No abstract provided.
Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert
Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert
Articles
This study uses hearing transcripts to examine judge-defendant interaction in a trial-type setting. The setting is a public housing eviction hearing; judges are eviction board members and defendants are tenants facing eviction for non-payment of rent. All tenants in the sample were formally evicted, but in each case the execution of the eviction order was stayed on the condition that the tenant pay his rent. Two forms of verbal interaction are identified. The first, “moralizing” is deemed present when one or more board members directs a degrading remark toward the tenant. The second, “cooling in” is deemed present when one …
God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen
God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen
Articles
Examines the applicability of existing constitutional law to state action that prohibits or burdens or declines to fund scientific research merely because the state considers the area inappropriate Posits that governmental decisions to limit scientific inquiry implicate constitutional values by virtue of the connection between science and knowledge
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Articles
As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4
Animals Suffer For Science, Henry Spira
Some Aspects Of Separation Of Powers, Edward Hirsch Levi
Some Aspects Of Separation Of Powers, Edward Hirsch Levi
Articles
No abstract provided.
The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn
The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn
Articles
No abstract provided.
The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler
The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler
Articles
No abstract provided.
Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer
Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer
Articles
No abstract provided.
The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond
The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
The Rights Of Parents, Robert Levy
In The Halls Of Ivy: Legal Robots, Lester Brickman
In The Halls Of Ivy: Legal Robots, Lester Brickman
Articles
The article argues that law schools must move beyond traditional theoretical education to incorporate clinical training, emphasizing the development of practical skills like client counseling and emotional competence. It highlights the gap between intellectual learning and real-world client interactions, advocating for a more holistic approach to legal education.
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Articles
In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …
Trends In The Law Of Damages, John W. Reed
Trends In The Law Of Damages, John W. Reed
Articles
The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …
Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert
Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert
Articles
The transcript examines the challenges and opportunities in improving legal services delivery to middle-class consumers, emphasizing the need for structural changes and enhanced client-lawyer interactions. It advocates for a shift from merely increasing the number of lawyers to empowering clients through better problem definition, shared decision-making, and measurable outcomes. The discussion highlights the importance of understanding legal needs, the role of intermediaries, and the potential of alternative dispute resolution mechanisms. Cost-effectiveness, the impact of third-party payments, and the integration of paralegals are also central themes.
Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond
Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman
The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman
Articles
No abstract provided.
Psi As A Supplement To College Classroom Lecture Instruction, Morton Isaacs, Gerard Buckley
Psi As A Supplement To College Classroom Lecture Instruction, Morton Isaacs, Gerard Buckley
Articles
No abstract provided.
Euthanasia Reconsidered-The Choice Of Death As An Aspect Of The Right Of Privacy Symposium: Law And The Aged, Richard Delgado
Euthanasia Reconsidered-The Choice Of Death As An Aspect Of The Right Of Privacy Symposium: Law And The Aged, Richard Delgado
Articles
No abstract provided.
Minority Students And The Legal Curriculum: An Experiment At Berkeley Symposium: Minority Rights, Richard Delgado
Minority Students And The Legal Curriculum: An Experiment At Berkeley Symposium: Minority Rights, Richard Delgado
Articles
No abstract provided.
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Articles
For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2
Selection Of Topics And Methods For Law And Social Sciences Research, Hans Zeisel
Selection Of Topics And Methods For Law And Social Sciences Research, Hans Zeisel
Articles
No abstract provided.
The Defense Attorney's Role In Plea Bargaining, Albert Alschuler
The Defense Attorney's Role In Plea Bargaining, Albert Alschuler
Articles
No abstract provided.
Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond
Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
Reflections On Experimental Techniques In The Law, Hans Zeisel
Reflections On Experimental Techniques In The Law, Hans Zeisel
Articles
No abstract provided.