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Articles 1111 - 1140 of 1378
Full-Text Articles in Entire DC Network
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein
Articles
No abstract provided.
A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler
A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert Alschuler
Articles
No abstract provided.
The Costs Of Enforcing Legal Rights, Richard A. Posner
Racial Quotas And The Jury, Albert W. Alschuler
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.
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
Judicial Biography: Amicus Curiae, Dennis J. Hutchinson
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, …
Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker
Double Binds Facing Mothers In Abusive Families: Social Support Systems, Custody Outcomes, And Liability For Acts Of Others, Mary E. Becker
Articles
No abstract provided.
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.
Sentencing Laws & Practices In France, Richard Frase
Lessons Of State Guideline Reforms, Richard Frase
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.
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Articles
The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The project employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial. The goal of the project is to provide sitting judges with a basis on which to make similar decisions during trials. The project grew out of and is incorporated into the Minnesota Judicial Trial Skills Training Program ("MJTSTP") at the University of Minnesota, which was created in 1986 by Professor Steve Simon and Judge Bertrand Portisky and is mandatory for …
Putting Women First, Mary I. Coombs
Defending Racial Violence, Anthony V. Alfieri
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Articles
I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
Articles
On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …
Law Review Symposium: A Hard Party To Crash For Crits, Feminists, And Other Outsiders Symposium On Trends In Legal Citations And Scholarship, Jean Stefancic
Law Review Symposium: A Hard Party To Crash For Crits, Feminists, And Other Outsiders Symposium On Trends In Legal Citations And Scholarship, Jean Stefancic
Articles
No abstract provided.
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar
Articles
Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.
Probability And Proof In State V. Skipper: An Internet Exchange, Ronald J. Allen, David J. Balding, Peter Donnelly, Richard D. Friedman, David H. Kaye, Lewis Henry Larue, Roger C. Park, Bernard Robertson, Alexander Stein
Probability And Proof In State V. Skipper: An Internet Exchange, Ronald J. Allen, David J. Balding, Peter Donnelly, Richard D. Friedman, David H. Kaye, Lewis Henry Larue, Roger C. Park, Bernard Robertson, Alexander Stein
Articles
This is not a conventional article. It is an edited version of messages sent to an Internet discussion list. The listings begin with the mention of a recent opinion of the Connecticut Supreme Court, parts of which are reproduced below. The listings soon move to broader issues concerning probability and other formal systems, their limitations, and their uses either in court or as devices for understanding legal proof.
Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman
Asymmetrical Peremptories Defended: A Reply, Richard D. Friedman
Articles
Three years ago, with the publication of his article ''An Asymmetrical Approach to the Problem of Peremptories" in this journal, Professor Friedman initiated a debate on the subject that was taken up in 1994 by three prosecutors who offered a rebuttal that was also printed in these pages. Professor Friedman continues the debate.
Norval Toward A Rational Drug Policy, Albert Alschuler
Race And The War On Drugs, Michael Tonry
United States Human Rights Policy In International Organizations, David Weissbrodt
United States Human Rights Policy In International Organizations, David Weissbrodt
Articles
I was privileged to serve as a public member of the United States delegation to the United Nations Commission on Human Rights which met February 1 to March 12, 1993. I can speak about my expe- rience on that delegation, but it is very difficult to extrapolate from my six weeks of work in Geneva to a broad sense of the Clinton Adminis- tration policy.
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman
Articles
In Part I of this Comment, I present a short version of my argument against the admissibility of character impeachment evidence of criminal defendants, showing how the key elements ofthis argument are present in Professor Uviller's own Article. In Part II, I suggest that, notwithstanding Professor Uviller's comments to the contrary, an asymmetrical result-never admitting character evidence to impeach criminal defendants but admitting such evidence in some circumstances to impeach other witnesses- is perfectly reasonable. Finally, in Part III, I contend that Professor Uviller's interesting judicial surveys support the solution I have proposed for the problem of character impeachment evidence.
Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic
Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen
Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen
Articles
No abstract provided.
Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen
Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen
Articles
No abstract provided.
Blackmail From A To C, Joseph Isenbergh