Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (2406)
- Criminal Law (797)
- Criminal Procedure (521)
- Constitutional Law (213)
- Civil Rights and Discrimination (201)
-
- Law and Race (179)
- Social and Behavioral Sciences (173)
- Law Enforcement and Corrections (167)
- Law and Society (162)
- Courts (112)
- Evidence (110)
- Law and Gender (98)
- Legal Studies (91)
- Juvenile Law (89)
- Legal Ethics and Professional Responsibility (89)
- Family Law (88)
- Criminology and Criminal Justice (86)
- International Law (81)
- Other Law (81)
- Legal Profession (78)
- Law and Politics (74)
- Human Rights Law (71)
- Immigration Law (65)
- Health Law and Policy (62)
- Legal Education (61)
- Jurisprudence (57)
- Comparative and Foreign Law (50)
- Fourth Amendment (50)
- Judges (49)
- Legal History (49)
- Institution
-
- Columbia Law School (496)
- Duke Law (321)
- Boston University School of Law (285)
- Brooklyn Law School (267)
- Fordham Law School (249)
-
- UC Law SF (235)
- Texas A&M University School of Law (175)
- University of New Mexico (119)
- California Western School of Law (92)
- University of Maryland Francis King Carey School of Law (91)
- Penn State Dickinson Law (74)
- Western New England University (52)
- Mitchell Hamline School of Law (49)
- Barry University School of Law (32)
- Case Western Reserve University (30)
- Nova Southeastern University (24)
- Widener University Commonwealth Law School (22)
- Brigham Young University Law School (21)
- Lindenwood University (5)
- James Madison University (2)
- Belmont University (1)
- University of San Diego (1)
- Keyword
-
- Criminal law (177)
- Criminal justice (99)
- Criminal procedure (90)
- Race (57)
- SSRN (53)
-
- Capital punishment (46)
- Civil rights (42)
- Constitutional law (42)
- Crime (42)
- Law enforcement (36)
- Punishment (35)
- Death penalty (34)
- Administration of criminal justice (31)
- Immigration (29)
- Policing (29)
- Columbia Law Review (28)
- Evidence (28)
- Law (28)
- Sentencing (28)
- Supreme Court (27)
- Deterrence (26)
- Fourth Amendment (26)
- Prosecutors (26)
- Courts (25)
- Discrimination (24)
- Empirical (24)
- Privacy (24)
- Incarceration (23)
- Mass incarceration (23)
- Racial justice (23)
- Publication Year
Articles 2581 - 2610 of 2643
Full-Text Articles in Entire DC Network
The Supreme Court In Current Literature, Jenni Parrish, Roy Mersky
The Supreme Court In Current Literature, Jenni Parrish, Roy Mersky
Faculty Scholarship
No abstract provided.
Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins
Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins
Faculty Scholarship
No abstract provided.
The Metamorphosis Of Larceny, George P. Fletcher
The Metamorphosis Of Larceny, George P. Fletcher
Faculty Scholarship
To the modern lawyer, the rules of common law theft offenses do not seem ordered by any coherent principle. In this Article, however, Professor Fletcher shows that the common law of larceny can be understood in terms of two structural principles, possessorial immunity and manifest criminality. In the eighteenth and nineteenth centuries, as the modern style of legal thought evolved, first commentators and then courts lost their ability to understand these principles and came to rely on intent as the central element of criminal liability. As a result of this transformation, Professor Fletcher argues, the range of circumstances that can …
Standards Of Judicial Administration: Appellate Courts, Geoffrey C. Hazard Jr.
Standards Of Judicial Administration: Appellate Courts, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
The Entrapment Controversy, Roger C. Park
Law, Lawyers And Social Welfare, A. Kenneth Pye
Law, Lawyers And Social Welfare, A. Kenneth Pye
Faculty Scholarship
No abstract provided.
Parole Revocation And The Right To Counsel, Paul W. Grimm
Parole Revocation And The Right To Counsel, Paul W. Grimm
Faculty Scholarship
No abstract provided.
The Right Deed For The Wrong Reason: A Reply To Mr. Robinson, George P. Fletcher
The Right Deed For The Wrong Reason: A Reply To Mr. Robinson, George P. Fletcher
Faculty Scholarship
So far as there is a school of criminal theory in the United States, it is a school devoted to sifting and celebrating the purposes of the criminal law. Discussions in the literature are dominated by endless recitals of the deterrent, rehabilitative and retributive functions of criminal sanctions. The orthodox view is that all of these purposes are relevant and that any proposed rule of criminal law must be measured by its tendency to further one or all of these goals. If the issue is punishing negligence, for example, the standard mode of analysis is to ask whether punishing negligent …
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
Faculty Scholarship
The dilemma of the American sentencing judge is qualitatively unique. Because our system of criminal justice has embraced to a degree unequaled elsewhere the rehabilitative ideal that punishment should fit not the crime, but the particular criminal, the sentencing judge must labor to fulfill the dual and sometimes conflicting roles of judge and clinician. Entrusted with enormous discretion, he is expected to "individualize" the sentence he imposes to suit the character, social history, and potential for recidivism of the offender before him. Yet, because of the general absence in our Sentencing Reform system of meaningful procedures for the appellate review …
Criminal Law And Procedure, David Rossman
Criminal Law And Procedure, David Rossman
Faculty Scholarship
Trial De Novo. The constitutional foundation underlying the system of trial de novo in Massachusetts was subjected to a frontal assault during the Survey year. The system survived, but there is reason to doubt its continuing validity. The debate over the wisdom of maintaining a two-tiered system of trial courts has been wide-ranging. One of the chief complaints against the trial de novo system is that it insulates trial judges from any meaningful appellate review. This isolation fosters an environment in which trial judges can, with impunity, ignore the constraints placed upon judges in courts of record. It is exceedingly …
The Scope Of The Sixth Amendment: Who Is A Criminal Defendant?, David Rossman
The Scope Of The Sixth Amendment: Who Is A Criminal Defendant?, David Rossman
Faculty Scholarship
When the Supreme Court, in Argersinger v. Hamlin, extended the right to counsel to misdemeanor defendants facing imprisonment, it raised the prospect of an eventual expansion of this right to defendants in all criminal prosecutions. This expansion appears to be the probable culmination of the historical development of the right to counsel. While prediction from a trend is never fully satisfactory, a trend toward such expansion exists nonetheless. The interpretation of the scope of the sixth amendment right to counsel as applied to the states has evolved from application to defendants in capital cases, to application to those whose lack …
The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher
The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher
Faculty Scholarship
The purpose of this paper is to review developments which have occurred in the victim’s role in criminal prosecutions under Ethiopian law. In contrast to the penal laws of modern Western states, which define a wide range of wrongful conduct as offensive to the state itself, the traditional Ethiopian law of wrongs viewed relatively few offenses thus. For the most part, the state confined itself to legitimating and assisting the victim’s own efforts to obtain redress.
Revenue Sharing—New American Revolution Or Trojan Horse?, Otto G. Stolz
Revenue Sharing—New American Revolution Or Trojan Horse?, Otto G. Stolz
Faculty Scholarship
No abstract provided.
Court Reform In England, Kazimierz Grzybowski
Court Reform In England, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle
Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle
Faculty Scholarship
The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.
The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen
The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen
Faculty Scholarship
No abstract provided.
The Relationship Between Promise And Performance In State Intervention In Family Life, Peter L. Strauss, Millard L. Midonick, Nanette Dembitz, Harriet F. Pilpel, David J. Rothman
The Relationship Between Promise And Performance In State Intervention In Family Life, Peter L. Strauss, Millard L. Midonick, Nanette Dembitz, Harriet F. Pilpel, David J. Rothman
Faculty Scholarship
JUDGE MIDONICK: We have a fantastic representation of our alumni here and we've overdone our 10:00 starting time and we're supposed to stop at 12:00 promptly in order for us to go to the Low Memorial Library for lunch, for those who are having lunch with us. In order to be on time for this afternoon's extravaganza we really ought to begin now. You must understand this program is entirely unrehearsed and therefore will be more interesting. We have with us today a panel of four whom I will introduce as they are to speak. The first speaker will speak …
Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr.
Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr.
Faculty Scholarship
The purpose of this article is to examine juvenile record systems maintained by police authorities. A primary thesis is that current procedures governing the creation and dissemination of such records are so severely misguided by underlying parens patriae concepts that they often result in the purposeless stigmatization of a far greater range of youths than the juvenile justice system has any justification in attempting to deal with. Indeed, increasing evidence suggests that the net effect of such record keeping is to ensure that many of the subject juveniles will mature into confirmed delinquents.
The Indigent's Right To A Transcript Of Record, Larry Yackle
The Indigent's Right To A Transcript Of Record, Larry Yackle
Faculty Scholarship
There is no more fascinating subject in the field of federal constitutional law than the relationship between due process and equal protection, concepts brought together in the fourteenth amendment. Governmental action that is fundamentally unfair and a denial of due process may also involve discriminatory treatment and a denial of equal protection.' Accordingly, in a number of cases the distinction between the two concepts has been blurred. In Douglas v. California, the Supreme Court held that on first appeal counsel must be furnished to indigents at state expense because the failure to provide professional representation is both fundamentally unfair and …
San Francisco Criminal Justice Project, Gordon Van Kessel, Richard B. Morris
San Francisco Criminal Justice Project, Gordon Van Kessel, Richard B. Morris
Faculty Scholarship
No abstract provided.
Interdisciplinary Courses And Programs In Law And Social Work–A Survey, Geoffrey C. Hazard Jr.
Interdisciplinary Courses And Programs In Law And Social Work–A Survey, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Court Finance And Unitary Budgeting, Geoffrey C. Hazard Jr., Martin B. Mcnamara, Irwin F. Sentilles Iii
Court Finance And Unitary Budgeting, Geoffrey C. Hazard Jr., Martin B. Mcnamara, Irwin F. Sentilles Iii
Faculty Scholarship
No abstract provided.
The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher
The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher
Faculty Scholarship
Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
Faculty Scholarship
No abstract provided.
Securing Courtroom Decorum, Geoffrey C. Hazard Jr.
Securing Courtroom Decorum, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Decision Trees, Peter L. Strauss, Michael R. Topping
Decision Trees, Peter L. Strauss, Michael R. Topping
Faculty Scholarship
The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Faculty Scholarship
Foreword to Harvard Law Review review of Supreme Court 1969 Term
Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher
Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher
Faculty Scholarship
The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.
Legal Aid—A Proposal, A. Kenneth Pye, George C. Cochran
Legal Aid—A Proposal, A. Kenneth Pye, George C. Cochran
Faculty Scholarship
No abstract provided.
New Frontiers, Michael E. Tigar