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Articles 421 - 450 of 500
Full-Text Articles in Entire DC Network
Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld
Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld
Articles
Within the past decade, nearly every state has amended its juvenile code in response to perceived increases in serious, persistent, and violent youth crime. These changes diminish the jurisdiction of juvenile courts as judicial decisions and statutory changes transfer more youths from juvenile courts to criminal courts so that young offenders can be sentenced as adults. Amendments to juvenile sentencing laws increase the punitiveness of sanctions available to juvenile court judges. Other strategies attempt to "blend," or merge, juvenile and criminal court jurisdiction and sentencing authority over violent young offenders. These "get tough" policies affect the numbers and types of …
The Chrysanthenum, The Sword, And The First Amendment: Disentangling Culture, Community, And Freedom Of Expression, Ronald J. Krotoszynski Jr.
The Chrysanthenum, The Sword, And The First Amendment: Disentangling Culture, Community, And Freedom Of Expression, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
Civil Rule 53: An Enabling Act Challenge (Federal Practice And Procedure Symposiusm Honoring Charles Alan Wright), Edward H. Cooper
Civil Rule 53: An Enabling Act Challenge (Federal Practice And Procedure Symposiusm Honoring Charles Alan Wright), Edward H. Cooper
Articles
The Judicial Conference of the United States is charged by statute to "carry on a continuous study of the operation and effect of the general rules of practice and procedure," recommending desirable changes to the Supreme Court.' The Rules Enabling Act,2 which describes the Supreme Court's role, further provides that the Judicial Conference is to be assisted in this task by a "standing committee on rules of practice, procedure, and evidence" ;3 the standing committee in turn reviews "each recommendation of any other committees" appointed to advise it.4
Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Jeff M. Feldman
Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Jeff M. Feldman
Articles
This Article honors the contributions former Chief Justice Jay Rabinowitz has made to Alaskan jurisprudence in the areas of individual privacy and freedom of expression. It begins by tracing the development of the Alaska Supreme Court’s protection of individual rights above and beyond that provided by the federal courts.The Article then provides a thorough analysis of two decisions authored by Justice Rabinowitz, Breese v. Smith and Ravin v. State, which have laid the foundation for heightened protection of privacy and freedom of expression rights in Alaska. Next, the Article discusses the influence and application of these two cases on …
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Articles
The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.
Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker
Discrimination Helps Companies Trade On Women's Sexuality, Mary E. Becker
Articles
No abstract provided.
Economics Of The Law Of Criminal Attempts: A Victim-Centered Perspective, Omri Ben-Shahar
Economics Of The Law Of Criminal Attempts: A Victim-Centered Perspective, Omri Ben-Shahar
Articles
No abstract provided.
The U.S. Response To Hiv: Alternate Explanations And The Lessons Of 'Success', Julie Roin
The U.S. Response To Hiv: Alternate Explanations And The Lessons Of 'Success', Julie Roin
Articles
No abstract provided.
The Tort/Crime Distinction: A Generation Later, Richard A. Epstein
The Tort/Crime Distinction: A Generation Later, Richard A. Epstein
Articles
No abstract provided.
The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld
The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
Judicial waiver decisions, which affect the most serious or persistent juvenile offenders, require a sentencing policy choice between rehabilitation in juvenile court and punishment in adult criminal court. The judicial waiver policy and processes in Hennepin County MN are analyzed.
Intermediate Sanctions, Michael Tonry, Mary Lynch
Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday
Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday
Articles
No abstract provided.
Justice Harry A. Blackmun And The Virtues Of Independence, Diane P. Wood
Justice Harry A. Blackmun And The Virtues Of Independence, Diane P. Wood
Articles
No abstract provided.
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 E. Harcourt
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 E. Harcourt
Articles
No abstract provided.
Problems With Rules, Cass R. Sunstein
Problems With Rules, Cass R. Sunstein
Articles
Many of the most difficult issues in law involve the choice between rules and rulelessness in cases where both seem unacceptable. The principal goal of this Article is to point the way toward a more refined understanding of the ideal of the rule of law, one that sees a degree of particularity, and a degree of law-making at the point of application, as important parts of that ideal. The Article defends a form of casuistry and describes the potentially democratic foundations of the casuistical enterprise in law. It begins by describing the distinctive advantages of rules and law via rules, …
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these …
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Strategic Approaches To Crime Prevention, Michael Tonry, David P. Farrington
Articles
No abstract provided.
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Articles
The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.
Publicly Held Servitudes In The New Restatement, Stewart E. Sterk
Publicly Held Servitudes In The New Restatement, Stewart E. Sterk
Articles
The first Restatement of Servitudes, adopted by the American Law Institute fifty years ago, largely ignored public law issues. Because condominiums were largely unknown and homeowners' associations were in their infancy, the Restatement did not discuss, let alone resolve, the problems that arise when property owners create governance structures by private agreement. Similarly, the Restatement accorded no special treatment to the problems that arise when government, as landowner or as regulator, enters into servitude relationships. The current Restatement has remedied these omissions. Its not yet completed chapter on Property Owners' Associations has already received considerable attention. Less noticed, however, have …
A Brief History Of The Criminal Jury In The United States, Albert Alschuler, Andrew G. Deiss
A Brief History Of The Criminal Jury In The United States, Albert Alschuler, Andrew G. Deiss
Articles
No abstract provided.
Executive Detention In Wartime (Reviewing A.W. Brian Simpson, In The Highest Degree Odious: Detention Without Trial In Wartime Britain (1992)), Richard A. Posner
Executive Detention In Wartime (Reviewing A.W. Brian Simpson, In The Highest Degree Odious: Detention Without Trial In Wartime Britain (1992)), Richard A. Posner
Articles
No abstract provided.
Race And The War On Drugs, Michael Tonry
Brind & (And) Rust V. Sullivan: Free Speech And The Limits Of A Written Constitution, Ronald J. Krotoszynski Jr.
Brind & (And) Rust V. Sullivan: Free Speech And The Limits Of A Written Constitution, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
A Further Word Against Consensus, John O. Mcginnis
A Further Word Against Consensus, John O. Mcginnis
Articles
In their Response to my Essay, Professors Strauss and Sunstein not only take issue with a few of my arguments but also suggest a measure of consensus between their views and mine on the confirmation process.1 While I very much appreciate their proffer of half an olive branch, upon reflection I believe that the differences between us concerning the confirmation process remain very great and illustrate even more profound differences concerning the premises and structure of our republican Constitution.
Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky
Should Title Vii Of The Civil Rights Act Of 1964 Be Repealed?, Richard A. Epstein, Erwin Chemerinsky
Articles
No abstract provided.
The Uncertain Future Of Sentencing Guidelines, Richard Frase
The Uncertain Future Of Sentencing Guidelines, Richard Frase
Articles
As of the fall of 1993, at least 15 states and the federal government had adopted or were in the process of adopting sentencing guidelines developed by an independent sentencing commission. 1 Minnesota pioneered this approach to sentencing reform in 1978. 2 Its guidelines have now been in effect for more than a decade, and they have been more extensively studied and evaluated than any other system. 3 In addition, many observers believe that the Minne sota Sentencing Guidelines remain one of the better-designed and successful systems of this type. 4 Ironically, the more-recently-enacted Federal Sentencing Guidelines may be the …
The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase
The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase
Articles
Minnesota's experience with sentencing guidelines remains critically important to legislators and sentencing reformers in other jurisdictions. Minnesota adopted the first commission-based presumptive sentencing system in 1980, and its Guidelines 1 have been the focus of exhaustive study. 2 The Minnesota Sentencing Guidelines Commission has routinely collected extensive data on all felony sentences, as well as more detailed data on selected sentencing samples. 3 This rich source of data and commentary, coupled with a considerable appellate caselaw interpreting the Guidelines and over a decade of legislative and Commission-initiated amendments, provides invaluable lessons concerning the processes by which commission-based guidelines are drafted, …
Implementing Commission-Based Sentencing Guidelines: The Lessons Of The First Ten Years In Minnesota, Richard Frase
Implementing Commission-Based Sentencing Guidelines: The Lessons Of The First Ten Years In Minnesota, Richard Frase
Articles
No abstract provided.
Regulating Tv Violence: An Analysis Of The Voluntary Code Regarding Violence In Television Programming, Paul Horwitz
Regulating Tv Violence: An Analysis Of The Voluntary Code Regarding Violence In Television Programming, Paul Horwitz
Articles
No abstract provided.
Rodrigo's Seventh Chronicle: Race, Democracy, And The State, Richard Delgado
Rodrigo's Seventh Chronicle: Race, Democracy, And The State, Richard Delgado
Articles
Considers how democracy and the state both sit at the root of racism and points out how this is a natural extension of Enlightenment principles Explores the link between freemarket politics individualist competitiveness and racism Suggests moving toward a collectivist form of social organization emphasizing love and human solidarity