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Articles 1 - 13 of 13
Full-Text Articles in Law
A New Clear And Present Danger: Security, Freedom And Ordered Liberty On The Home Front During The War Against Terrorism, Beau James Brock
A New Clear And Present Danger: Security, Freedom And Ordered Liberty On The Home Front During The War Against Terrorism, Beau James Brock
Beau James Brock
Regardless of the foreign policy rationalizations for failing to respond to Osama Bin Laden’s declaration of war against the United States prior to September 11th, we are faced with a de facto state of war, for over a full decade now, that will require an ever vigilant and determined commitment in order to secure the domestic security of our land. The use of available technology to break through our opponents’ intelligence networks has been a vital instrument of victory in past wars and will be in this struggle we now face. But, where is the line marking appropriate federal action …
After The Crisis: Consequences, Beau James Brock
After The Crisis: Consequences, Beau James Brock
Beau James Brock
Powerpoint presentation on potential consequences of failing to properly plan and prepare for environmental incidents which may result in dire civil or criminal liability. Also, a discussion of the LDEQ and EPA upcoming enforcement directives is included.
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray
David C. Gray
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt
Richard C. Boldt
This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Silent At Sentencing: Waiver Doctrine And A Capital Defendant's Right To Present Mitigating Evidence After Schriro V. Landrigan, Dale E. Ho
Dale E Ho
The consideration of mitigating evidence—evidence that weighs against the imposition of the death penalty in a capital defendant’s individual case—has been deemed a “constitutionally indispensable” feature of a valid capital sentencing scheme. And yet, Jeffrey Landrigan, like many capital defendants, was sentenced to death without the consideration of any mitigating evidence whatsoever. Landrigan’s trial counsel failed to uncover substantial evidence of Landrigan’s history of severe physical and sexual abuse as a child, and of the possible biological effects of his mother’s alcohol and drug abuse. Every member of the Ninth Circuit en banc panel considering his case deemed his counsel’s …
Hanousek V. United States: Social Engineering Encroaching On Individual Liberty, Beau James Brock
Hanousek V. United States: Social Engineering Encroaching On Individual Liberty, Beau James Brock
Beau James Brock
A legal decision that unexpectedly judicially “extended the reach environmental criminal law” was Hanousek v. United States, wherein the United States Court of Appeals for the Ninth Circuit held the legal standard for criminal negligence under the Clean Water Act (CWA) was ordinary negligence.
Environmental Crimes, Beau James Brock, Walter Becker, Jr., Dorothy Taylor
Environmental Crimes, Beau James Brock, Walter Becker, Jr., Dorothy Taylor
Beau James Brock
Power point team presentation on environmental crimes.
Renaissance Of Environmental Criminal Investigation In Louisiana: A Model For The Nation, Beau James Brock, Michael Daniels
Renaissance Of Environmental Criminal Investigation In Louisiana: A Model For The Nation, Beau James Brock, Michael Daniels
Beau James Brock
In Louisiana, perpetrators of knowing criminal violations of the Louisiana Environmental Quality Act, Title 30 subject themselves to felony conduct. Now, that is not just idle words on a page. This law enforcement arm built to preserve the quality of life for every citizen of Louisiana is no longer a paper tiger, but a fightin’ tiger, capable of and willing to investigate in any situation. In the spring of 2008, sustainable programmatic changes in CID were immediately put into place. Some of these included the following: 1) comprehensive overhaul of the then current policies and procedures; 2) the replacement of …
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Establishing Guidelines For Attorney Representation Of Criminal Defendants At The Sentencing Phase Of Capital Trials, Adam Lamparello
Adam Lamparello
No abstract provided.
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Scholarly Works
No abstract provided.
Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock
Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock
Beau James Brock
The criminal negligence standard under the Clean Water Act should be one of gross negligence and not merely ordinary negligence and the United States Fifth Circuit Court of Appeals should not be tested on this point of law as it will disagree with the previous findings of the Ninth and Tenth Circuits.