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Articles 31 - 60 of 146
Full-Text Articles in Law
Sandin V. Conner: Lowering The Boom On The Procedural Rights Of Prisoners , Scott F. Weisman
Sandin V. Conner: Lowering The Boom On The Procedural Rights Of Prisoners , Scott F. Weisman
American University Law Review
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Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Michigan Law Review
So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …
Unshackling Black Motherhood, Dorothy E. Roberts
Unshackling Black Motherhood, Dorothy E. Roberts
Michigan Law Review
When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
Richmond Journal of Law & Technology
With the proliferation of online activities in recent years, legal thinkers and the criminal justice system have faced new questions concerning the conflict of state criminal laws. These new questions have old answers; the doctrine of constructive presence has established a state's authority to prescribe an out-of-state activity that has in-state effects. Beyond the mechanical application of jurisdictional rules, however, there lie deeper policy questions concerning the fairness of subjecting computer users to multiple, inconsistent bodies of law. Cyberspace exists in all jurisdictions, and in no particular jurisdiction, at once. There is an apparent tension between the free flow of …
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Michigan Journal of Race and Law
Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates …
The O.J. Simpson Case Revisited, George Anastaplo
The O.J. Simpson Case Revisited, George Anastaplo
Loyola University Chicago Law Journal
No abstract provided.
Reckless Complicity, Sanford H. Kadish
Reckless Complicity, Sanford H. Kadish
Journal of Criminal Law and Criminology
No abstract provided.
Three Strikes: Can We Return To Rationality, Michael Vitiello
Three Strikes: Can We Return To Rationality, Michael Vitiello
Journal of Criminal Law and Criminology
No abstract provided.
Go Directly To Jail, Do Not Pass Go, Do Not Keep House, Matthew Costigan
Go Directly To Jail, Do Not Pass Go, Do Not Keep House, Matthew Costigan
Journal of Criminal Law and Criminology
No abstract provided.
Defining Use Of A Firearm, Alan M. Gilbert
Defining Use Of A Firearm, Alan M. Gilbert
Journal of Criminal Law and Criminology
No abstract provided.
Montana V. Egelhoff--Reflections On The Limits Of Legislative Imagination And Judicial Authority, Ronald J. Allen
Montana V. Egelhoff--Reflections On The Limits Of Legislative Imagination And Judicial Authority, Ronald J. Allen
Journal of Criminal Law and Criminology
No abstract provided.
Could This Be The End Of The Fourth Amendment Protections For Motorists, Craig M. Glantz
Could This Be The End Of The Fourth Amendment Protections For Motorists, Craig M. Glantz
Journal of Criminal Law and Criminology
No abstract provided.
Maybe Soldiers Have Rights After All, Nicole E. Jaeger
Maybe Soldiers Have Rights After All, Nicole E. Jaeger
Journal of Criminal Law and Criminology
No abstract provided.
Protecting First Federal Habeas Corpus Petitions: Closing The Opening Left By Gomez, John L. Kolakowski
Protecting First Federal Habeas Corpus Petitions: Closing The Opening Left By Gomez, John L. Kolakowski
Journal of Criminal Law and Criminology
No abstract provided.
When Rules Are More Important Than Justice, Dawn M. Phillips
When Rules Are More Important Than Justice, Dawn M. Phillips
Journal of Criminal Law and Criminology
No abstract provided.
Rejecting The Clear And Convincing Evidence Standard For Proof Of Incompetence, Alaya B. Meyers
Rejecting The Clear And Convincing Evidence Standard For Proof Of Incompetence, Alaya B. Meyers
Journal of Criminal Law and Criminology
No abstract provided.
Goodbye To The Defense Of Selective Prosecution, Melissa L. Jampol
Goodbye To The Defense Of Selective Prosecution, Melissa L. Jampol
Journal of Criminal Law and Criminology
No abstract provided.
Survey Research And Self-Defense Gun Use: An Explanation Of Extreme Overestimates, David Hemenway
Survey Research And Self-Defense Gun Use: An Explanation Of Extreme Overestimates, David Hemenway
Journal of Criminal Law and Criminology
No abstract provided.
Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz
Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz
Journal of Criminal Law and Criminology
No abstract provided.
The Debate Over The Future Of Juvenile Courts: Can We Reach Consensus, Thomas F. Geraghty, Steven A. Drizin
The Debate Over The Future Of Juvenile Courts: Can We Reach Consensus, Thomas F. Geraghty, Steven A. Drizin
Journal of Criminal Law and Criminology
No abstract provided.
Immaturity And Irresponsibility, Stephen J. Morse
Immaturity And Irresponsibility, Stephen J. Morse
Journal of Criminal Law and Criminology
No abstract provided.
Ineffective Assistance Of Counsel: The Case For An Ex Ante Parity Standard, Donald A. Dripps
Ineffective Assistance Of Counsel: The Case For An Ex Ante Parity Standard, Donald A. Dripps
Journal of Criminal Law and Criminology
No abstract provided.
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Campbell Law Review
No abstract provided.
Lifesaving Legislation: But Will The Washington Stalking Law Survive Constitutional Scrutiny?, Jennifer A. Hueter
Lifesaving Legislation: But Will The Washington Stalking Law Survive Constitutional Scrutiny?, Jennifer A. Hueter
Washington Law Review
In 1992, the Washington Legislature responded to public demand for a law that would allow criminal prosecution of stalkers by enacting Washington Revised Code section 9AA6.1 10. This stalking legislation makes it a crime to harass or repeatedly follow another person. This law may infringe an individual's right to speak and move freely and, because the law may unconstitutionally limit protected conduct, a defendant may successfully challenge this statute's constitutionality in the future. This Comment examines the potential constitutional challenges to the stalking law and suggests revisions to the current language in the statute.
Practitioners - Beware The Trojan Horse: The Government Unsheathes An Old Weapon To Target Practitioners For Criminal Tax Offenses, Dante Marrazzo
Practitioners - Beware The Trojan Horse: The Government Unsheathes An Old Weapon To Target Practitioners For Criminal Tax Offenses, Dante Marrazzo
Akron Tax Journal
Nestled within the many criminal sanctions of the Internal Revenue Code is a little known, less understood, and, until recently, seldom used statute proscribing attempts to interfere with administration of the Internal Revenue laws. This article will discuss the exponential increase in use of that provision, section 7212(a) of the Internal Revenue Code, in the last decade to seek prosecution of tax scofflaws, particularly practitioners, who might have otherwise escaped criminal sanctions. This article will call attention to some perils for the practitioner relating to representing a client on tax matters. Those perils include possible criminal prosecution of an attorney …