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Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld Jan 1998

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. Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1997

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 Feb 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

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 Jan 1996

Intermediate Sanctions, Michael Tonry, Mary Lynch

Articles

No abstract provided.


Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday Jan 1996

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Jan 1995

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 Oct 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

Race And The War On Drugs, Michael Tonry

Articles

No abstract provided.


Brind & (And) Rust V. Sullivan: Free Speech And The Limits Of A Written Constitution, Ronald J. Krotoszynski Jr. Jan 1994

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 Feb 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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