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Articles 1951 - 1980 of 2826
Full-Text Articles in Entire DC Network
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Faculty Scholarship
No abstract provided.
The Geography Of Justice Wormholes: Dilemmas From Property And Criminal Law, Hari M. Osofsky
The Geography Of Justice Wormholes: Dilemmas From Property And Criminal Law, Hari M. Osofsky
Villanova Law Review (1956 - )
No abstract provided.
Bridgewater Magazine, Volume 18, Number 3, Summer 2008, Bridgewater State College
Bridgewater Magazine, Volume 18, Number 3, Summer 2008, Bridgewater State College
Bridgewater Magazine
Feature story “Telling Stories, Transforming Lives – Faculty and Students Explore and Chronicle BSC’s History”; also College Stories, Alumni Profiles, Alumni Update and Class Notes.
Journal Of The House Of Representatives State Of Colorado: Sixty-Sixth General Assembly Second Regular Session At Denver, The State Capitol (2008), Colorado General Assembly
Journal Of The House Of Representatives State Of Colorado: Sixty-Sixth General Assembly Second Regular Session At Denver, The State Capitol (2008), Colorado General Assembly
Colorado House and Senate Journals
No abstract provided.
Another Structure Of Knowledge Is Possible: The Social Forum Process And Academia, Sherman
Another Structure Of Knowledge Is Possible: The Social Forum Process And Academia, Sherman
Societies Without Borders
The author highlights how the World Social Forum (WSF), the annual meeting held by members of the anti-globalization or alter-globalization movement, has unexpected consequences for epistemology. He considers the possibilities opened by the emergence of the social forum process for the reconstruction of the structures of knowledge. By structures of knowledge, he means following the disciplinary organization and hegemonic approaches since the late nineteenth century in the social sciences.
The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes
The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes
Coase-Sandor Institute for Law & Economics Research Paper Series
The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Limiting Excessive Prison Sentences Under Federal And State Constitutions, Richard Frase
Articles
No abstract provided.
Combating The Color-Coded Confinement Of Kids: An Equal Protection Remedy, Perry L. Moriearty
Combating The Color-Coded Confinement Of Kids: An Equal Protection Remedy, Perry L. Moriearty
Articles
This Article considers the viability of a constitutional challenge to the disproportionate confinement of juveniles of color – a phenomenon known as “disproportionate minority contact” or “DMC.” Specifically, I ask whether, in the wake of McCleskey v. Kemp and its progeny, it is possible bring an Equal Protection claim based on statistical evidence that juveniles of color are significantly more likely to be detained by juvenile court judges than similarly-situated white youth. I argue that the nature of the juvenile detention decision places it squarely within the contours of the types of administrative decisions for which the Supreme Court has …
Learning From The Limitations Of Deterrence Research, Michael Tonry
Learning From The Limitations Of Deterrence Research, Michael Tonry
Articles
No abstract provided.
The Malign Effects Of Drug And Crime Control Policies On Black Americans, Michael Tonry, Matthew Melewski
The Malign Effects Of Drug And Crime Control Policies On Black Americans, Michael Tonry, Matthew Melewski
Articles
No abstract provided.
A Slower Form Of Death: Implications Of Roper V. Simmons For Juveniles Sentenced To Life Without Parole, Barry C. Feld
A Slower Form Of Death: Implications Of Roper V. Simmons For Juveniles Sentenced To Life Without Parole, Barry C. Feld
Articles
The Supreme Court in Roper v. Simmons 1 interpreted the Eighth Amendment to prohibit states from executing offenders for crimes they committed when younger than eighteen years of age. The Court relied on objective indicators of "evolving standards of decency," such as state statutes and jury decisions to support its judgment that a national consensus existed against executing adolescents. The Justices also conducted an independent proportionality analysis of youths' criminal responsibility and concluded that their reduced culpability warranted a categorical prohibition of execution. Juveniles' immature judgment, susceptibility to negative peer influences, and transitory personality development diminished their criminal responsibility. Because …
Terror Conflated?, Fionnuala Ní Aoláin
Terror Conflated?, Fionnuala Ní Aoláin
Articles
This review of Eric Posner & Adrian Vermeule's book Terror in the Balance Security, Liberty and the Courts is constructed in part as a response not only to this scholarly work but also to recent executive and policy directions which suggest that substantial deference should be given to the executive in times of crisis, that courts should defer competence and that any harms inflicted upon civil liberties by executive action are overstated by interests with little competence in the core arena of security.
Graduate Bulletin 2008-2009, John Jay College Of Criminal Justice
Graduate Bulletin 2008-2009, John Jay College Of Criminal Justice
College Bulletins
No abstract provided.
Twenty-Five Years In Search Of A Reasonable Approach, Michal Fairburn
Twenty-Five Years In Search Of A Reasonable Approach, Michal Fairburn
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This paper examines the development of a myriad of investigative techniques subsequent to the enactment of s. 487 of the Criminal Code, which has resulted in a number of significant judicial pronouncements on the scope of section 8 of the Canadian Charter of Rights and Freedoms and, in turn, parliamentary response. The paper outlines how this dialogue between the courts and the legislature has resulted in a proliferation of search provisions in the Criminal Code. Unfortunately, this has also resulted in a complex labyrinth of provisions containing confusing, often contradictory, requirements and logical inconsistencies. The paper details a number of …
Moral Judgment, Criminal Law And The Constitutional Protection Of Religion, Benjamin L. Berger
Moral Judgment, Criminal Law And The Constitutional Protection Of Religion, Benjamin L. Berger
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
What, if any, is the conceptual relationship between the constitutional protection of religious conscience and the criminal law in a modern liberal democracy? This paper examines this issue in the context of contemporary Canadian criminal law and the protection of religious freedom and equality in the Canadian Charter of Rights and Freedoms. The paper argues that there is a deep, though heretofore unexamined, conceptual tension between these two fields of law: The constitutional protection of religious freedom and substantive criminal law are both centrally concerned with the role of the state in making and enforcing moral judgments, but are contesting …
Section 7 Of The Charter And The Common Law Rules Of Evidence, Hamish Stewart
Section 7 Of The Charter And The Common Law Rules Of Evidence, Hamish Stewart
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
The advent of the Charter coincided with the Supreme Court of Canada’s development of a principled approach to the common law of evidence. Over the past 25 years, the Court has forged an important connection between these two changes in the law. When the Court has dealt with constitutional challenges to statutory changes to the common law of evidence, it has tended to reject the claim that the statute is unconstitutional, but has also tended to vindicate the values underlying the common law rule at issue by interpreting the statutory rule to preserve the trial judge’s discretionary power to exclude …
R. V. Ferguson And The Search For A Coherent Approach To Mandatory Minimum Sentences Under Section 12, Lisa Dufraimont
R. V. Ferguson And The Search For A Coherent Approach To Mandatory Minimum Sentences Under Section 12, Lisa Dufraimont
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
Since the early days of the Charter, uncertainty prevailed about constitutional exemptions as a remedy for breaches of the section 12 guarantee against “cruel and unusual treatment or punishment”. It was unclear whether an offender could be exempted from the application of a mandatory minimum sentence that would produce an unconstitutional result in the unique circumstances of the case. The Supreme Court of Canada recently decided this issue, ruling in R. v. Ferguson that constitutional exemptions are unavailable under section 12. However, the author argues that uncertainty lingers in the wake of Ferguson because the Supreme Court failed to resolve …
Horizontal Federalism, Allan Erbsen
Horizontal Federalism, Allan Erbsen
Articles
This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while overlooking the horizontal allocation of power among coequal states. Models of federal-state relations tend to treat the fifty states as a single aggregate unit, obscuring the fact that individual states often cannot concurrently exercise their powers without infringing the other states' autonomy, frustrating the others' legitimate interests, or burdening the others' citizens. Preserving interstate harmony and protecting citizens from excessive burdens therefore requires limits on how states may wield their …
Public Services Department : Annual Report : 2007 - 2008, Nelson Poynter Memorial Library
Public Services Department : Annual Report : 2007 - 2008, Nelson Poynter Memorial Library
USF St. Petersburg Campus Faculty Publications
No abstract provided.
Annual Report, Public Services Department, 2007-2008, University Of South Florida St. Petersburg. Nelson Poynter Memorial Library
Annual Report, Public Services Department, 2007-2008, University Of South Florida St. Petersburg. Nelson Poynter Memorial Library
Library Department and Committee Reports
Annual report for the academic year 2007-2008 for public services activities at the University of South Florida St. Petersburg's Nelson Poynter Memorial Library.
Terror Conflated?, Fionnuala Nií AolaíIn
Terror Conflated?, Fionnuala Nií AolaíIn
Constitutional Commentary, Vols 1–36 (1984–2022)
Book Review of Terror in the Balance: Security, Liberty, and the Courts. By Eric A. Posner & Adrian Vermeule. New York, Oxford University Press. 2007. Pp. 328. Reviewed by: Fionnuala Ni Aolaíin
The Amber Alert: A Comparative Analysis Of The Suggested Federal Amber Alert Activation Guidelines And Individual State Activation Criteria, Jacklyn Leann Donalson
The Amber Alert: A Comparative Analysis Of The Suggested Federal Amber Alert Activation Guidelines And Individual State Activation Criteria, Jacklyn Leann Donalson
Criminology & Criminal Justice Theses - Archive
This study focuses on the AMBER Alert system, in particular the criteria that should be present prior to the issuance of an alert. The purpose of this study is to review individual state's AMBER Alert activation criteria as they relate to the suggested federal AMBER Alert activation guidelines. Police department's interpretations of their state's AMBER Alert criteria were also analyzed on a case-by-case basis. The findings of this study suggest that the federal government should ensure that all states use standardized activation criteria that includes confirmation of an abduction prior to an AMBER Alert activation.
Prison Programming In Texas: Do We Practice What We Preach, Molly Baldwin
Prison Programming In Texas: Do We Practice What We Preach, Molly Baldwin
Criminology & Criminal Justice Theses - Archive
Prison programming is an important aspect of the criminal justice system. Programming can be used to help solve many problems in the system. In this thesis, educational and life skills programs offered in public prisons in Texas are examined. Comparisons are made to the number of programs in women's and men's prisons. This thesis argues that Texas needs to offer more programming and that the Texas Department of Criminal Justice might not be living up to its mission statement in terms of the number of programs offered. Simply stated the educational and life skills programs that are offered in the …
The Role Of Child Protective Services Workers:, Brook Shelnutt
The Role Of Child Protective Services Workers:, Brook Shelnutt
Criminology & Criminal Justice Theses - Archive
This study examines the self-concepts and opinions of Child Protective Services (CPS) caseworkers and University of Arlington undergraduate students that are declared Criminal Justice majors. Both groups have been surveyed to also explore how CPS caseworkers and UTA students feel that they are viewed by others. This was done in an attempt to establish what similarities and differences exist between personality traits of CPS caseworkers and UTA students. The data in this study was obtained from surveys given to a sample of CPS caseworkers in Wichita County, Texas and University of Arlington (UTA) undergraduate Criminal Justice students that were enrolled …
Bulletin: General Catalog Issue 2008-2009, Portland State University
Bulletin: General Catalog Issue 2008-2009, Portland State University
Bulletin & Curriculum Change Documents
No abstract provided.
Concerning Amending Statutes Related To Evidence In Sexual Assault Cases To Conform With The Federal "Violence Against Women Act"., Colorado General Assembly
Concerning Amending Statutes Related To Evidence In Sexual Assault Cases To Conform With The Federal "Violence Against Women Act"., Colorado General Assembly
Session Laws 2001-Present
No abstract provided.
Concerning Fees For Copies Of Criminal Justice Records., Colorado General Assembly
Concerning Fees For Copies Of Criminal Justice Records., Colorado General Assembly
Session Laws 2001-Present
No abstract provided.
Concerning Provisions To Limit The State Board Of Parole's Option Of Placing A Parolee In A Community Return-To-Custody Facility To Only Those Parolees Who At The Time Of Revocation Are Not Subject To The Criminal Justice System Based On The Commission Of A New Offense, And Making An Appropriation Therefor., Colorado General Assembly
Session Laws 2001-Present
No abstract provided.
Concerning The Domestic Violence Offender Management Board, And, In Connection Therewith, Continuing The Domestic Violence Offender Management Board, And Making An Appropriation., Colorado General Assembly
Concerning The Domestic Violence Offender Management Board, And, In Connection Therewith, Continuing The Domestic Violence Offender Management Board, And Making An Appropriation., Colorado General Assembly
Session Laws 2001-Present
No abstract provided.
Concerning A Supplemental Appropriation To The Department Of Law., Colorado General Assembly
Concerning A Supplemental Appropriation To The Department Of Law., Colorado General Assembly
Session Laws 2001-Present
No abstract provided.