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Articles 1021 - 1050 of 1378
Full-Text Articles in Entire DC Network
Sentence Discounts And Sentencing Guidelines For Juveniles, David Yellen
Sentence Discounts And Sentencing Guidelines For Juveniles, David Yellen
Articles
No abstract provided.
Civil Settlement During Rape Prosecutions, William Hubbard
Civil Settlement During Rape Prosecutions, William Hubbard
Articles
No abstract provided.
Pinochet And International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Pinochet And International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
Too Young To Be Rehabilitated - Comments On Lipsey's 'Can Rehabilitative Programs Reduce The Recidivism Of Juvenile Offenders?', Emily Buss
Articles
No abstract provided.
The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of Proceeds, Anup Malani
The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of Proceeds, Anup Malani
Articles
No abstract provided.
Dworkin, Polemics, And The Clinton Impeachment Controversy, Richard A. Posner
Dworkin, Polemics, And The Clinton Impeachment Controversy, Richard A. Posner
Articles
No abstract provided.
(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri
American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia
American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia
Articles
No abstract provided.
Federal Sentencing Can Be Made More Just, If The Sentencing Commission Wants To Make It So, Michael Tonry
Federal Sentencing Can Be Made More Just, If The Sentencing Commission Wants To Make It So, Michael Tonry
Articles
No abstract provided.
The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld
The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld
Articles
Part I briefly analyzes the social history of the juvenile court and argues that the progressive reformers who created the juvenile court designed it to discriminate against "other peoples' children," a feature that carries over into contemporary juvenile justice administration. Part II analyzes the "constitutional domestication" of the juvenile court. It places the U.S. Supreme Court's juvenile court "due process" decisions in a broader social structural context and argues that the Court emphasized procedural safeguards as part of its broader agenda to protect the civil rights and liberty interests of minorities. Part III analyzes the impact of the juvenile court's …
Rethinking Unthinkable Punishment Policies In America, Michael Tonry
Rethinking Unthinkable Punishment Policies In America, Michael Tonry
Articles
No abstract provided.
Prosecuting Race, Anthony V. Alfieri
Prosecuting Race, Anthony V. Alfieri
Articles
Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics.
This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing investigation of the prosecution and defense of such violence, Professor Alfieri examines the recent federal prosecution of five white New York City police officers charged with assaulting Abner Louima, a young male Haitian immigrant, in 1997. Professor Alfieri presents a race conscious, community-oriented model of prosecutorial discretion guided by constitutional precepts, citizenship ideals, professionalism …
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Mirrored Silence: Reflections On Judicial Complicity In Private Violence, Zanita E. Fenton
Articles
Tracy and John had been married for seven years. They were so in love when they met at college. He brought her flowers and wanted to spend all of his free time with her. Everything was perfect. But it seemed to become increasingly tumultuous as soon as they got married, two years later. He didn't just want to spend all of his time with her; he had to know what she was doing every waking moment of the day. He had to approve of her activities and her friends. He called her at work every day. If she wasn't at …
Goodbye To Hammurabi: Analyzing The Atavistic Appeal Of Restorative Justice Prosecuting Violence: A Colloquy On Race, Community, And Justice, Richard Delgado
Goodbye To Hammurabi: Analyzing The Atavistic Appeal Of Restorative Justice Prosecuting Violence: A Colloquy On Race, Community, And Justice, Richard Delgado
Articles
No abstract provided.
On Generalizations I: A Preliminary Exploration, Terence J. Anderson
On Generalizations I: A Preliminary Exploration, Terence J. Anderson
Articles
No abstract provided.
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
Articles
No abstract provided.
Living With The Death Penalty, Samuel R. Gross
Living With The Death Penalty, Samuel R. Gross
Articles
The debate over the death penalty in the United States - such as it is - is framed in terms of criminal justice policy. The issues are the same ones we consider when the question is the length of prison sentence for a drug crime: Does the defendant deserve the penalty? Is it cost effective by comparison to other available sanctions? Will it deter others from committing the crimes for which he was convicted? Can we impose this punishment fairly? Can we make sure that innocent people are not condemned?
Constitutions And Spontaneous Orders: A Response To Professor Mcginnis, Adam C. Pritchard, Todd J. Zywicki
Constitutions And Spontaneous Orders: A Response To Professor Mcginnis, Adam C. Pritchard, Todd J. Zywicki
Articles
Professor John McGinnis has written a perceptive and provocative comment on our economic analysis of the role of tradition in constitutional interpretation.1 A brief summary of our areas of agreement and disagreement may help set the stage for this response. It appears that Professor McGinnis substantially agrees with the two central propositions of our article. First, he appears to agree with our definition of efficient traditions as those evolving over long periods of time from decentralized processes.2 Second, he explicitly agrees that Justices Scalia and Souter have adopted sub-optimal models of tradition because they rely on sources that lack the …
Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker
Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker
Articles
In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …
Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly
Chain Gangs, Boogeymen And Other Real Prisons Of The Imagination, Lisa Kelly
Articles
This narrative is a fictionalized account of real legal, historical, and interpersonal issues rooted in the social construction of race.
Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler
Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler
Articles
This Article considers how theories of medical negligence might be applied in the context of telemedicine and integrated delivery health plans. Part Two summarizes the history of telemedicine, its increasing breadth of application and opportunity and promise for the future. Part Three reviews traditional negligence principles and precedents and demonstrates how they might be applied when a telemedicine interaction results in negligence and harm to the patient. Part Four discusses evolving theories of shared liability applicable to health plans and managed care entities. Finally, Part Five demonstrates how shared liability theories will be applied to situations involving telemedicine technologies.
Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski
Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski
Articles
In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Articles
Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.
In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …
Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams
Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams
Articles
No abstract provided.
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Articles
No abstract provided.
Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner
Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
No abstract provided.
Assessing Punitive Damages (With Notes On Cognition And Valuation In Law), Cass R. Sunstein, Daniel Kahneman, David Schkade
Assessing Punitive Damages (With Notes On Cognition And Valuation In Law), Cass R. Sunstein, Daniel Kahneman, David Schkade
Articles
No abstract provided.
How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler
How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler
Articles
No abstract provided.
Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer
Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer
Articles
No abstract provided.