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Full-Text Articles in Law

Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan Jul 2005

Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan

Scholarly Publications

Historically, punitive damage awards and criminal sentences have shared the common justifications of punishment and deterrence, with the culpability of tortfeasors and criminals alike being enhanced as a result of repeat misconduct. The Supreme Court’s 2003 decision in State Farm v. Campbell suggests, however, that the parallels now in effect stop at the state line. The extraterritorial misconduct of tortfeasors is permitted to play a very limited role, if any, in the assessment of punitive damage awards. Meanwhile, such misconduct continues to be used by courts to significantly enhance the sentences of criminal defendants, an asymmetry accentuated by California v. …


Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright Jan 2005

Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker Jan 2005

Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker

Journal of Law and Health

Pregnant women incarcerated at the time of our nation's founding faced the prospect of giving birth in their cells alone and a considerable likelihood that their infants would die. This is somewhat unsurprising. At this time infant mortality rates were high. Given the pace of advances in the treatment of pregnant women since that time, one might expect that the experience of pregnant women incarcerated in today's correctional facilities would have improved as it has for their peers on the outside. That, however, would be an unrealistic assumption. In addition to facing decidedly substandard environments in some facilities - inappropriate …


Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe Jan 2005

Revisiting Robinson: The Eighth Amendment As Constitutional Support For Theories Of Criminal Responsibility, Jeffrey A. Rowe

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.