Digital Commons Network^™

The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen

University of Miami Entertainment & Sports Law Review

No abstract provided.

Why The Criminal Justice System Can't Control Crime, Gerald S. Reamey

Faculty Articles

No abstract provided.

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin

University of Miami Law Review

No abstract provided.

An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt

Duke Law Journal

No abstract provided.

The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns

St. Thomas Law Review

To brand a child a criminal for life is harsh enough retribution for almost any offense. But it becomes an all but inconceivable response when we realize that to so brand him may in fact make him a criminal for life.... [C]asting a youthful offender to the wolves who prowl adult jails may well dash any hope that he will mature to be a civilized man. During the last thirty years, the juvenile justice system has been the focus of controversy ranging from concern over the lack of "due process" safeguards inherent in its informal procedures, to public outrage over …

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.

Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng

Faculty Scholarship

American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.

Illegal Drugs, New Laws, And Justice: An Examination Of Five Recently Enacted Minnesota Statutes, Philip Leavenworth

William Mitchell Law Review

No abstract provided.

Foreword: Drug Decriminalization: A Chorus In Need Of Masterrap's Voice, Dwight L. Greene

Hofstra Law Review

No abstract provided.

An Argument In Favor Of Decriminalization, Kurt L. Schmoke

Hofstra Law Review

This Article discusses the reasons why a policy of prohibition has not only failed to solve the drug abuse problem, but has made the problem worse. In response to such failings, this Article recommends, as an alternative to a drug-policy based on law enforcement, a measured and carefully implemented program of drug decriminalization based on the public health system. An alternate name for this policy is "medicalization."

Legal Cocaine And Kids: The Very Bitterness Of Shame, Gregory A. Loken Esq., James Kennedy M.D.

Hofstra Law Review

No abstract provided.

The Moral And Practical Case For Drug Legalization, James Ostrowski

Hofstra Law Review

No abstract provided.

Report From The Front Line: The Bennett Plan, Street-Level Drug Enforcement In New York City And The Legalization Debate, Michael Z. Letwin

Hofstra Law Review

No abstract provided.

A Bill To Repeal Criminal Drug Laws: Replacing Prohibition With Regulation, Joseph L. Galiber

Hofstra Law Review

No abstract provided.

Creation Of An International Anti-Prohibitionist League In The Field Of Drugs, Marie-Andree Bertrand

Hofstra Law Review

No abstract provided.

Drug Legalization: The Importance Of Asking The Right Question, Mark A. R. Kleiman, Aaron J. Saiger

Hofstra Law Review

No abstract provided.

The Issue Of Legalizing Illicit Drugs, John C. Lawn

Hofstra Law Review

No abstract provided.

The Uneasy Decriminalization: A Perspective On Dutch Drug Policy, Henk Jan Van Vliet

Hofstra Law Review

No abstract provided.

Notes From The Front: A Dissident Law-Enforcement Perspective On Drug Prohibition, John T. Schuler, Arthur Mcbride

Hofstra Law Review

No abstract provided.

The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell

Vanderbilt Journal of Transnational Law

This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …

Compulsory Psychological Examination In Sexual Offense Cases: Invasion Of Privacy Or Defendant’S Right?, Judith Greenberg

Fordham Law Review

No abstract provided.

How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch

Faculty Scholarship

The title of this paper asks what appears to be a simple and important question: Just how much does the availability of extensive private civil remedies for violation of the RICO statute add to the effort to ensure compliance with the norms of criminal law? These remarks address only civil RICO actions by private plaintiffs. The once-rare, but increasingly frequent, civil RICO actions brought by the United States present very different issues. This question is, of course, only a part of any assessment of the value of civil RICO. One may conclude that civil RICO is of little or no …

A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch

Faculty Scholarship

RICO is nearing its twentieth birthday, but it may not be a happy one. In fact, 'tis the season for critics of RICO to be, if not jolly, at least highly active. A House subcommittee and the Senate Judiciary Committee have held hearings on RICO reform, the popular and business press has published numerous debates and criticisms involving fairly arcane points of civil and criminal law, scholars and lawyers have filled law reviews and legal newspapers with articles often critical of the statute, and the pressure has been building for statutory changes.

As the pressure for change has intensified, and …

Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas

Faculty Scholarship

In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.^{2 …}

Canadian Criminal Jury Instructions, James P. Taylor

Dalhousie Law Journal

Canadian Criminal Jury Instructions ("CRIMJI") is an ambitious project. The authors, the Honourable Mr. Justice John Bouck (of the Supreme Court of British Columbia) and Professor Gerry Ferguson (of the Faculty of Law, University of Victoria) set out to provide a book that will "assist Canadian judges and Canadian lawyers in drafting and delivering a charge to a jury in a criminal case". The authors' twovolume work handily accomplishes this objective.

The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo

Maryland Series in Contemporary Asian Studies

No abstract provided.

Petit Treason In Eighteenth Century England: Women's Inequality Before The Law, Shelley A. M. Gavigan

Articles & Book Chapters

This article examines the English law of petit treason (murder of a husband by his wife or a master by a servant or a religious superior by a religious inferior) and its implications for married women charged with murdering their husbands. From 1351-1828, a woman accused of killing her husband was liable to be indicted not for willful murder but for the aggravated offense of petit treason and, until 1790, she faced public execution by burning if convicted. Relying on eighteenth century legal treatises, reported cases, press accounts of women's trials, and second my sources, the author discusses the cases …

Judge David Bazelon: Questioning Authority (Review Essay), Geoffrey P. Alpert

Faculty Publications

No abstract provided.

Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim, Steve Wise

Faculty Publications

No abstract provided.

"I Fought The Law And The Law Won": A Report On Women And Disparate Sentencing In South Dakota, Frank Pommersheim, Christine Hutton, Steve Feimer

Faculty Publications

No abstract provided.