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2012

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Articles 3091 - 3120 of 4126

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The Ordeal Of Shelter: Continuities And Discontinuities In The Public Response To Homelessness, Kim Hopper Jan 2012

The Ordeal Of Shelter: Continuities And Discontinuities In The Public Response To Homelessness, Kim Hopper

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Sex, Law, And The Sacred Precincts Of The Marital Bedroom: On State And Federal Right To Privacy Jurisprudence, Mark Strasser Jan 2012

Sex, Law, And The Sacred Precincts Of The Marital Bedroom: On State And Federal Right To Privacy Jurisprudence, Mark Strasser

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Blowback: The Unintended Consequences Of Military Tribunals, Charles V. Pena Jan 2012

Blowback: The Unintended Consequences Of Military Tribunals, Charles V. Pena

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Why Mandatory Minimums Make No Sense, John S. Martin Jr. Jan 2012

Why Mandatory Minimums Make No Sense, John S. Martin Jr.

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


A Common Theme, Helen M. Alvare Jan 2012

A Common Theme, Helen M. Alvare

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Late-Modern Future Of A Switch-Hitting Juvenile Court: Where Did It Come From - What Is It - And How Will We Know When It Arrives, Simon I. Singer Jan 2012

Late-Modern Future Of A Switch-Hitting Juvenile Court: Where Did It Come From - What Is It - And How Will We Know When It Arrives, Simon I. Singer

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


New Evidence On Appeal, Jeffrey C. Dobbins Jan 2012

New Evidence On Appeal, Jeffrey C. Dobbins

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Juveniles Locked In Limbo: Why Pretrial Detention Implicates A Fundamental Right, Shana Conklin Jan 2012

Juveniles Locked In Limbo: Why Pretrial Detention Implicates A Fundamental Right, Shana Conklin

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Conviction Without Conviction, Talia Fisher Jan 2012

Conviction Without Conviction, Talia Fisher

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Waiving Innocence, Samuel R. Wiseman Jan 2012

Waiving Innocence, Samuel R. Wiseman

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas Jan 2012

Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Jurisprudential Innovation Or Accountability Avoidance? The International Criminal Court And Proposed Expansion Of The African Court Of Justice And Human Rights, Kristen Rau Jan 2012

Jurisprudential Innovation Or Accountability Avoidance? The International Criminal Court And Proposed Expansion Of The African Court Of Justice And Human Rights, Kristen Rau

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue Jan 2012

Technological Leap, Statutory Gap, And Constitutional Abyss: Remote Biometric Identification Comes Of Age, Laura K. Donohue

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Usft 2012 Usf Libraries Annual Report, Usf Libraries Jan 2012

Usft 2012 Usf Libraries Annual Report, Usf Libraries

Library Annual Reports

No abstract provided.


Right To Counsel Denied: Confusing The Roles Of Lawyers And Guardians, 43 Loy. U. Chi. L.J. 833 (2012), Alberto Bernabe Jan 2012

Right To Counsel Denied: Confusing The Roles Of Lawyers And Guardians, 43 Loy. U. Chi. L.J. 833 (2012), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.


Commencement, 2012, Marshall University Jan 2012

Commencement, 2012, Marshall University

Marshall University Commencement

Program for the One Hundred Seventy-Fifth Commencement of Marshall University.


Commencement Program (December 2012), Csusb Jan 2012

Commencement Program (December 2012), Csusb

CSUSB Commencement Programs

No abstract provided.


Commencement Program (June 2012), Csusb Jan 2012

Commencement Program (June 2012), Csusb

CSUSB Commencement Programs

No abstract provided.


Critical Bifocality And Circuits Of Privilege: Expanding Critical Ethnographic Theory And Design, Lois Weis, Michelle Fine Jan 2012

Critical Bifocality And Circuits Of Privilege: Expanding Critical Ethnographic Theory And Design, Lois Weis, Michelle Fine

Publications and Research

Almost 10 years ago, in Working Method (2004), we argued for a critical theory of method for educational studies, which would analyze lives in the context of history, structure, and institutions, across the power lines of privilege and marginalization.


To Kill Or Not To Kill: The Unending Conundrum, S. B. Sinha Jan 2012

To Kill Or Not To Kill: The Unending Conundrum, S. B. Sinha

National Law School of India Review

Although there are numerous countries that proscribe death sentences, there is no international consensus till date regarding its legality. The Indian legal system too, has struggled with the constitutionality of death penalty and with delineating the circumstances in which it may be granted. For instance, it is true that the legendary case, Mithu v. State of Punjab, struck down mandatory death sentences under the Indian Penal Code, but mandatory death sentences provided under specific criminal legislations such as the Arms Act are still contested. It is this uneasiness in the approach of the Indian legal system to capital punishment that …


The Conscience And Culture Of Prosecution: An Introduction, Anna Offit Jan 2012

The Conscience And Culture Of Prosecution: An Introduction, Anna Offit

Faculty Journal Articles and Book Chapters

No abstract provided.


Change We Can Believe In: Comparative Perspectives On The Criminalization Of Corporate Negligence, David Kerem Jan 2012

Change We Can Believe In: Comparative Perspectives On The Criminalization Of Corporate Negligence, David Kerem

Transactions: The Tennessee Journal of Business Law

This paper comparatively explores the wisdom of America’s enforcement of federal corporate laws through the disproportionate assignment of criminal penalties at the entity-level. Although federal criminal statutes have long been enforced against individual violators, the vigor with which they are applied pales in comparison to the frequency of entity-level enforcement. This state of affairs has been undoubtedly spurred by the elevated state of mind requirements appended to federal securities statutes, the considerable difficulty of proving individual criminal intent within a fragmented corporate structure, and the availability of entity-level liability doctrine to prosecutors. This has resulted in countless individual violators evading …


Citizen Participation In Japanese Criminal Trials: Reimagining The Right To Trial By Jury In The United States, Jon J. Lee Jan 2012

Citizen Participation In Japanese Criminal Trials: Reimagining The Right To Trial By Jury In The United States, Jon J. Lee

Faculty Articles

If the United States were to reform contemporary jury trials to match the Founders’ conception of the right to trial by jury, how might they look? In recent years, we have gained insight into how to answer that question from an unlikely source: Japan. This Article examines the introduction of citizen participation into the Japanese judicial system (the saiban-in seido) from a different perspective. Rather than focusing on the contemporary American jury system, this Article evaluates the Japanese reforms in light of the Founders’ conception of the right to trial by jury. It is this conception of the right to …


Proximate Retribution, Meghan J. Ryan Jan 2012

Proximate Retribution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

An essential element of the theory of retribution has been missing from courts’ and legal scholars’ analyses. While they have outlined a number of varieties of the theory and fleshed out their nuances, courts and scholars have largely neglected to examine which harms flowing from a criminal offender's conduct should be considered in determining that offender’s desert. The more remote harms caused by an offender’s conduct, such as the effects of his offenses on the families and friends of his victims or the effects of criminal conduct on society in general, are pervasive in communities across the nation. This Article …


A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford Jan 2012

A Social Psychology Model Of The Perceived Legitimacy Of International Criminal Courts: Implications For The Success Of Transitional Justice Mechanisms, 45 Vand. J. Transnat'l L. 405 (2012), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international criminal courts, and that courts can be engineered in such a way that they will be positively perceived by adjusting factors such as their institutional structure and outreach efforts. But in many situations the perceived legitimacy of international criminal courts has almost nothing to do with these factors. This Article takes the latest research in social psychology and applies it to survey data about perceptions of international criminal courts in order to understand how affected populations form attitudes about …


New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill Jan 2012

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


A Tale Of Two Sciences, Erin E. Murphy Jan 2012

A Tale Of Two Sciences, Erin E. Murphy

Faculty Articles

It was the best of times, it was the worst of times ... .' So might one describe the contrasting portraits of DNA's ascension in the criminal justice system that are drawn in David Kaye's The Double Helix and the Law of Evidence and Sheldon Krimsky and Tania Simoncelli's Genetic Justice: DNA Data Banks, Criminal Investigations, and Civil Liberties. For Kaye, the double helix stands as the icon of twenty-first-century achievement, a science menaced primarily by the dolts (lawyers, judges, and the occasional analyst) who misuse it. For Krimsky and Simoncelli, DNA is a seductive forensic tool that is prone …


Business Crime And The Public Interest: Lawyers, Legislators, And The Administrative State, Harry First Jan 2012

Business Crime And The Public Interest: Lawyers, Legislators, And The Administrative State, Harry First

Faculty Articles

In this Article, I explore some of the unique connections between business crime and the public interest. I begin with providing some definition for the types of crimes I am discussing. Next, I discuss some examples of the particular challenges facing prosecutors, defense counsel, and legislators in this area. I conclude with some observations on achieving the public good in business crime in the administrative state.


Sentencing Guidelines At The Crossroads Of Politics And Expertise, Rachel E. Barkow Jan 2012

Sentencing Guidelines At The Crossroads Of Politics And Expertise, Rachel E. Barkow

Faculty Articles

When Minnesota created the first sentencing commission in 1978 and the first sentencing guidelines in 1980, it was hard to predict where the guidelines movement would go. More than three decades and twenty sentencing guideline regimes later, it is still not easy to foresee what will become of sentencing commissions and guidelines. The past decade alone has witnessed tremendous changes in sentencing law and policy that were hard to imagine even just a few years before they occurred. The Supreme Court’s landmark sentencing decisions in Apprendi v. New Jersey, Blakely v. Washington, and United States v. Booker, the reform of …


What Is A Lawyer? A Reconstruction Of The Lawyer As An Officer Of The Court, Deborah M. Hussey Freeland Jan 2012

What Is A Lawyer? A Reconstruction Of The Lawyer As An Officer Of The Court, Deborah M. Hussey Freeland

Saint Louis University Public Law Review

This paper engages with the central question in legal ethics concerning the lawyer’s role, analyzing this fundamental question in terms of professional identity. Literature in this debate frames the lawyer either as a professional who exists entirely to serve her client (the “standard conception”), or as a professional whose primary duties are to the legal system. I reposit and examine the lawyer’s professional identity as an officer of the court—an identity marginalized by those who favor the standard conception—noting that “standard conception” was coined to draw attention to a supplanting threat to legal professionalism. Providing a uniquely detailed examination of …