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Articles 571 - 582 of 582
Full-Text Articles in Entire DC Network
Review: Quantitative Methods And Legal Decisions, Lea Brilmayer, Lewis A. Kornhauser
Review: Quantitative Methods And Legal Decisions, Lea Brilmayer, Lewis A. Kornhauser
Faculty Articles
Book review of Michael Finkelstein's Quantitative Methods in Law: Studies in the Application of Mathematical Probability and Statistics to Legal Problems, Free Press, 1978.
The Enlistment Contract: A Uniform Approach, David A. Schlueter
The Enlistment Contract: A Uniform Approach, David A. Schlueter
Faculty Articles
The author explores the history of various jurisdictional and administrative issues that arise under consideration of a service member’s enlistment contract. He proposes a change to the Uniform Code of Military Justice to codify the constructive enlistment doctrine for establishing personal court-martial jurisdiction over service members whose enlistment contracts and entry onto active duty were facilitated by recruiter misconduct. The proposal later became part of amendment to Art. 2, U.C.M.J..
Harm And Punishment: A Critique Of Emphasis On The Results Of Conduct In The Criminal Law, Stephen J. Schulhofer
Harm And Punishment: A Critique Of Emphasis On The Results Of Conduct In The Criminal Law, Stephen J. Schulhofer
Faculty Articles
The criminal law attributes major significance to the harm actually caused by a defendant's conduct, as distinguished from the harm intended or risked. If, for example, a person attacks his wife and tries to kill her, he will be guilty of assault and attempted murder even if she escapes unharmed. He will also commit a battery if she is injured, mayhem if the injury is of certain especially serious types, and murder if she dies. The applicable penalties generally increase accordingly. Yet both the defendant's state of mind and his actions may have been identical in all four of the …
Prior Inconsistent Statements: Presently Inconsistent Doctrine, Mark Reutlinger
Prior Inconsistent Statements: Presently Inconsistent Doctrine, Mark Reutlinger
Faculty Articles
The common law has come a long way since Sir Walter Raleigh was convicted of treason on the basis of accusations contained in unproduced letters and the hearsay declarations of unproduced witnesses. However, despite the painstaking development and innumerable formulations and reformulations of the hearsay rule over the past several centuries, there are areas of that body of law which are as yet unsettled and the subject of heated controversy. One such area is that of prior inconsistent statements of witnesses, the controversy over which has continued over the years and has surfaced once again with promulgation of the new …
Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz
Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz
Faculty Articles
Victimless "crimes"—acts that are presently outside the law but which have no readily identifiable victim—account for almost half of the cases handled by United States courts. They include behavior which may reflect illness and which requires medical and therapeutic attention (such as drunkenness), as well as behavior condemned as varying from moral or social standards and leading to harmful behavior (such as vagrancy and curfew violations). If the burden of regulating this type of behavior were removed from the criminal justice system, perhaps one half of the courts' current case load could be eliminated. Furthermore, persons caught in deviant conduct …
Blacks, Due Process And Efficiency In The Clash Of Values As The Supreme Court Moves To The Right, Henry Mcgee
Blacks, Due Process And Efficiency In The Clash Of Values As The Supreme Court Moves To The Right, Henry Mcgee
Faculty Articles
Professor McGee examines the move by the Supreme Court to limit rights for minority defendants. Led by its law enforcement-oriented Chief Justice, an emerging majority of the Court has managed to reverse or seriously abridge precedents - both recent and time-honored - which ensured some fairness for minority defendants. Professor McGee addresses the implications of these decisions, and how they have affected due process for Black defendants.
The Problems And Promise Of Black Men Of Law, Henry Mcgee
The Problems And Promise Of Black Men Of Law, Henry Mcgee
Faculty Articles
Professor McGee discusses the Black legal community's fight from the 1930s through the 1950s that eliminated the constitutional support of racial segregation and discrimination. Given the monumental obstacles which historically have plagued black lawyers, it is remarkable how many have succeeded despite the discrimination. While this article touches on some of the difficulties and limitations of the black bar, it must be stressed that there is a tradition of leadership and service among black lawyers that provides a solid foundation for the relatively large numbers of advocates that return to their communities. Building on this tradition of leadership, there are …
Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee
Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee
Faculty Articles
Professor McGee presents Roscoe Pound’s legal legacy—the most distinguished career in American legal scholarship. McGee discusses Pound’s essential jurisprudence, his jural postulates and critical views, and Pound’s theory of interests—social, public, and individual. McGee also delves into Pound’s academic concern with social control and discretion in criminal justice .
Discretionary Justice: A Preliminary Inquiry, Henry Mcgee
Discretionary Justice: A Preliminary Inquiry, Henry Mcgee
Faculty Articles
Professor McGee reviews Discretionary Justice: A Preliminary Inquiry, by Kenneth Culp Davis. Davis, suggesting both that we are a government of men as much as of laws and that discretion begins where law ends, sets out to determine how much unnecessary discretionary power can be contracted and how necessary discretionary power can be both confined and structured.
Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee
Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee
Faculty Articles
This article discusses the incredibly effective use of legal assistants in the project implemented to assist poor urban youth with legal issues—Legal Services to Youth sponsored by the University of Chicago Law School's Center for Studies in Criminal Justice, under a Ford Foundation grant, was directed to a specialized consumer group, boys under 17 and girls under 18, the jurisdictional age ceiling in the Cook County, Illinois Juvenile Court. Legal assistants were recruited in the area served, and an attempt was made to locate persons who were by background and experience likely to be sympathetic to youth "in trouble." The …
Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee
Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee
Faculty Articles
Professor McGee examines the use of deadly force in quelling recurrent communal rioting of alienated black urban masses in 1968. Napoleon fired “grapeshot” into a rioting Parisian crowd in 1795, and while his brutality may have quieted the rioters it should not be set as an example for our modern day police forces. Deadly force used against large numbers of citizens, who just prior to the riots were for the most part law-abiding and peaceful, can have crushing social consequences. In this article Professor McGee discusses police departmental policy, the limits of deadly force in arrests, excessive force and liability, …
Criminal Prosecutions Affecting Federally Guaranteed Civil Rights: Federal Removal And Habeas Corpus Jurisdiction To Abort State Court Trial, Anthony G. Amsterdam
Criminal Prosecutions Affecting Federally Guaranteed Civil Rights: Federal Removal And Habeas Corpus Jurisdiction To Abort State Court Trial, Anthony G. Amsterdam
Faculty Articles
It is no hyperbole to say that the critical issues of human liberty in this country today are not issues of rights, but of remedies. The American citizen has had a right to a desegregated school since 1954 and to a desegregated jury since 1879, but schools and juries throughout vast areas of the country remain segregated. The American citizen has a right of free expression, but he may be arrested, jailed, fined under guise of bail and put to every risk and rancor of the criminal process if he expresses himself unpopularly. The "right" is there on paper; what …