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Petit Treason In Eighteenth Century England: Women's Inequality Before The Law, Shelley A. M. Gavigan Jan 1989

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 …

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Seasoned To The Use, Carol Sanger Jan 1989

Seasoned To The Use, Carol Sanger

Faculty Scholarship

Two recent novels, Presumed Innocent and The Good Mother, have more in common than critical success, longevity on best-seller lists and big-name movie adaptations. Both books are about law: Presumed Innocent is a tale of murder in the big city; The Good Mother is the story of a custody fight over a little girl. Central characters in both books are lawyers. Turow is a lawyer, and Miller thanks lawyers. While the books could be classified in other ways – Presumed Innocent as mystery, The Good Mother as women's fiction – each meets a suggested genre specification of a legal novel: …

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In Defence Of Poesie, Michael L. Richmond Jan 1989

In Defence Of Poesie, Michael L. Richmond

Fordham Law Review

No abstract provided.

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Rethinking Tison V. Arizona, Michael T. Barrett Nov 1988

Rethinking Tison V. Arizona, Michael T. Barrett

Northern Illinois University Law Review

This Note traces the numerous cases leading to the development of modern proportionality analysis pursuant to the eighth amendment's Cruel and Unusual Punishment Clause. An analysis of Tison v. Arizona follows, concluding the conduction of proportionality analysis in Tison was not only inconsistent with the generic analysis conducted in prior cases, but contrary to the underlying purpose of such analysis. This Note lastly explores the possible adverse consequences Tison has on death sentencing and the doctrine of stare decisis.

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Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz Sep 1988

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

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The Power Of State Constitutions In Protecting Individual Rights, Stanley Mosk Jul 1988

The Power Of State Constitutions In Protecting Individual Rights, Stanley Mosk

Northern Illinois University Law Review

Adapted from remarks presented at the annual joint meeting of the Illinois State Bar Association and the Illinois Judges Association in October, 1987, this Article emphasizes the important role state constitutions can play as an adjunct to the United States Constitution in protecting individual rights.

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School Of Law Commencement: May 14, 1988, University Of North Dakota May 1988

School Of Law Commencement: May 14, 1988, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 14, 1988.

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Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich Apr 1988

Does Section 524 (A)(2) Of The Bankruptcy Code Bar Criminal Prosecution Concerning Discharged Debts?, Kent A. Bieberich

William & Mary Law Review

No abstract provided.

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A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder Feb 1988

A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder

William & Mary Law Review

No abstract provided.

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A Noble Ideal Whose Time Has Come, Penny White Jan 1988

A Noble Ideal Whose Time Has Come, Penny White

Scholarly Works

No abstract provided.

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Capital Punishment: A Moral Dilemma, Eileen Weber Jan 1988

Capital Punishment: A Moral Dilemma, Eileen Weber

St. Thomas Law Review

Punishment by death has stirred controversy over the millennia of human existence. Recently, this country has debated whether a society in which the dignity of the individual is the supreme value can, without fundamental inconsistency, put the lives of some of its members to an untimely violent end. Only between 1967 and 1977 was there a moratorium on executions in the United States.1 Since death sentences were carried out again, a combined total of 101 persons have been executed, and, as of May 1, 1988, there were 2,048 convicted murderers on death row. Currently, only 14 states are without the …

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Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn Jan 1988

Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn

Articles & Book Chapters

There is probably no concept which is used more widely and with less precision than that of 'social control'. Given the lack of agreement about what 'social control' is, researchers usually employ the term in one of two ways. Either they assume that its meaning is obvious and requires no clarification, or, they begin with a perfunctory acknowledgment of the definitional problems associated with the concept and proceed to use it anyway. The eclecticism of the latter approach has stimulated attempts over the years to produce a universally applicable definition of 'social control' that could be empioyed both systematically and …

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"An Exuberance Of Prerogative" - The Application Of Ill. Rev. Stat. Ch. 110, Para. 2-611 And/Or The Contempt Sanction To Attorney Disciplinary Proceedings In Illinois, Susan W. Brenner, Jack S. Craven Nov 1987

"An Exuberance Of Prerogative" - The Application Of Ill. Rev. Stat. Ch. 110, Para. 2-611 And/Or The Contempt Sanction To Attorney Disciplinary Proceedings In Illinois, Susan W. Brenner, Jack S. Craven

Northern Illinois University Law Review

This Article explores the alternative applicability of Rule 2-611 or the contempt sanction to a reinstatement petition by a previously disciplined attorney. This Article concludes that because these proceedings are "original proceedings" before the Illinois Supreme Court, and because the Illinois Supreme Court has never promulgated any rules in this area, Rule 2-611 has no applicability here. The Article further concludes that precedent would not support the finding of a direct criminal contempt in this situation.

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Mccleskey V. Kemp: The Shadow Of Racism On The Capital Sentencing Process, Regina M. Harris Nov 1987

Mccleskey V. Kemp: The Shadow Of Racism On The Capital Sentencing Process, Regina M. Harris

Northern Illinois University Law Review

This Note discusses the United States Supreme Court decision refusing to infer abuse of prosecutorial discretion in a specific case from a statistical study showing that defendant's whose victims were white are over 4 times more likely to receive a death sentence in the State of Georgia than defendants whose victims were black. This Note concludes that detailed record-keeping by prosecutors in potential capital sentence cases is essential to curbing unevenly-imposed death sentencing.

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School Of Law Commencement: May 9, 1987, University Of North Dakota May 1987

School Of Law Commencement: May 9, 1987, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 9, 1987.

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Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins Apr 1987

Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Nova University Master Of Public Administration Degree [No Date], Nova University Jan 1987

Nova University Master Of Public Administration Degree [No Date], Nova University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

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Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa Jan 1987

Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa

Faculty Scholarship

This paper discusses Japanese research on legal consciousness (ho-ishiki) and civil disputing. The author presents a recent explication of Takeyoshi Kawashima's concept of legal consciousness as a cultural factor and also proposes to explore the possibility of treating it as an individual, attitudinal factor. He also reviews large-scale surveys of aggregate-level culture and studies on individual-level disputing behavior. The need and possibility of a longitudinal study of individual disputing behavior that uses individual-level attitudes and regional culture as explanatory variables is suggested.

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School Of Law Commencement: May 10, 1986, University Of North Dakota May 1986

School Of Law Commencement: May 10, 1986, University Of North Dakota

UND Commencement Programs

School of Law Commencement program from May 10, 1986.

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The Parent-Child Privileges: Hardly A New Or Revolutionary Concept, Wendy Meredith Watts May 1986

The Parent-Child Privileges: Hardly A New Or Revolutionary Concept, Wendy Meredith Watts

William & Mary Law Review

No abstract provided.

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Extra-Legal Factors In The American Legal System, Peter W. Mayer Jan 1986

Extra-Legal Factors In The American Legal System, Peter W. Mayer

Honors Papers

The laws of the United States have been written over time with the intention of providing a framework for fair, legitimate, and uniform legal decisions to be made. Laws attempt to provide national tranquility by providing channels of punishment for those who disobey them. At the same time laws in the United States attempt to avoid any conflict with differing cultural values present in our nation. The laws of the United States are intended to function without regard to the race, sex, or religion of the defendant, complainant, or attorneys involved. Laws themselves cannot help but embody the cultural values …

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Law As A Social Science, R. Lynn Campbell Jun 1985

Law As A Social Science, R. Lynn Campbell

Dalhousie Law Journal

Law is offered as an undergraduate social science discipline at Carleton University. Students may take programmes leading to both Major and Honours B.A. degrees in law or may also undertake the study of law in a combined Major or Honours programme in conjunction with another discipline. Successful completion of any programme does not qualify the graduate for admission to any bar admission programme nor is any credit given towards a law degree for courses taken at Carleton.' The purpose of the programme is to promote an awareness of the place of rules respecting human conduct in political, social and economic …

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United States V. Leon: Application Of Justice White's "Good-Faith" Exception To The Exclusionary Rule, Mary Allyson Misevich May 1985

United States V. Leon: Application Of Justice White's "Good-Faith" Exception To The Exclusionary Rule, Mary Allyson Misevich

Northern Illinois University Law Review

An examination of United States v. Leon, wherein the Supreme Court adopted a "good-faith" exception to the fourth amendment exclusionary rule.

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An Attorney General Of Nova Scotia, J.S.D. Thompson, 1878-1882: Disparate Aspects Of Law And Society In Provincial Canada, P. B. Waite Oct 1984

An Attorney General Of Nova Scotia, J.S.D. Thompson, 1878-1882: Disparate Aspects Of Law And Society In Provincial Canada, P. B. Waite

Dalhousie Law Journal

Historians are apt to be omnivorous animals, and they can be nourished by all kinds of research. This cheerful eclecticism has the disadvantage of being dangerously subject to naivet6, a disposition which greets as discovery what to others is obvious. Lack of legal training might further lead to some crashing legal solecism; certainly the temerity of this adventure resembles that of a celebrated premier of Alberta who, in 1937, took on the portfolio of attorney general-not only without being a lawyer, but without one iota of legal education whatever. Perhaps, since he had once been head of the Calgary Prophetic …

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William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa Sep 1984

William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa

Pacific Studies

No abstract provided.

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The Role Of Ideology In Prisoners' Rights Adjudication: Habilitative Prison Conditions And The Eighth Amendment, James E. Robertson May 1984

The Role Of Ideology In Prisoners' Rights Adjudication: Habilitative Prison Conditions And The Eighth Amendment, James E. Robertson

Northern Illinois University Law Review

A discussion of the eighth amendment right to habilitative prison conditions, focusing on the Supreme Court's failure to recognize such a right in Rhodes v. Chapman.

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The Illinois Criminal Sexual Assault And Abuse Act, Roberta R. Hogan May 1984

The Illinois Criminal Sexual Assault And Abuse Act, Roberta R. Hogan

Northern Illinois University Law Review

An examination of the changing criminal sexual conduct statutes, as exemplified by the newly enacted Illinois Criminal Sexual Assault and Abuse Act.

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Admissibility Of Scientific Evidence - An Alternative To The Frye Rule, Andre A. Moenssens May 1984

Admissibility Of Scientific Evidence - An Alternative To The Frye Rule, Andre A. Moenssens

William & Mary Law Review

No abstract provided.

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Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley May 1984

Scientific Evidence And The Question Of Judicial Capacity, John W. Wesley

William & Mary Law Review

No abstract provided.

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William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa Apr 1984

William E. H. Tagupa's Review Of David Weisbrot, Abdul Paliwala, And Akilagpa Sawyerr's Law And Social Change In Papua New Guinea, William E. H. Tagupa

Pacific Studies

No abstract provided.

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