Law Commons^™

The Anatomy Of Disgust In Criminal Law, Dan M. Kahan

Michigan Law Review

My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.

Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall

Indiana Law Journal

No abstract provided.

Coping With "Loss": A Re-Examination Of Sentencing Federal Economic Crimes Under The Guidelines, Frank O. Bowman, Iii

Vanderbilt Law Review

The primary determinant of sentence length for federal economic criminals is the amount of "loss" resulting from an offender's conduct.' The idea of basing sentences for economic crimes primarily on "loss" has become the source of ongoing, complex, and proliferating disputes about what the term "loss" really means and how it should be interpreted in particular cases. The "loss" calculation is one of the most frequently litigated issues in federal sentencing law. There are at present splits of opinion between the federal circuits on at least eleven analytically distinct issues concerning the meaning and application of the "loss" concept. Even …

Romantic And Electronic Stalking In A College Context, Rebecca K. Lee

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Qualified Immunity: Ignorance Excused, Barbara E. Armacost

Vanderbilt Law Review

Public officials receive qualified immunity from damages liability for constitutional violations if they reasonably could have believed their actions were constitutional under clearly established law. In this regard qualified immunity is quite unusual. In most other legal contexts, failure to know the law is virtually never excused. The only other context where notice or knowledge of illegality plays any role is in criminal law, but even mistakes of penal law are rarely excused.

In this Article, Professor Armacost uses fair notice in criminal law as a paradigm for analyzing the role of notice in constitutional damages actions. She argues that …

Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano

University of the District of Columbia Law Review

Ours is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby an accused was interrogated in secret for hours on end. Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation.... Protracted, systematic and uncontrolled subjection of an accused to interrogation by the police …

Criminal Discovery: What Truth Do We Seek?, Milton C. Lee Jr.

University of the District of Columbia Law Review

No abstract provided.

The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith

University of the District of Columbia Law Review

The District of Columbia ("the District") enjoys a unique relationship with the federal government. As a matter of Constitutional pronouncement, citizens of the District are deprived of the right to ultimate control over the content of local laws. The Constitution provides that, "[t]he Congress shall have the power ... to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."2 Since the District's establishment in 1791, 3 Congress has not hesitated to exercise …

Capital Punishment And The Courts-Martial: Questions Surface Following Loving V. United States, Christine Daniels

Washington and Lee Law Review

No abstract provided.

Interpreting The Constitution From Inside The Jury Box: Affecting Interstate Commerce As An Element Of The Crime, Richard W. Smith

Washington and Lee Law Review

No abstract provided.

Outrageous Fortune And The Criminalization Of Mass Torts, Richard A. Nagareda

Michigan Law Review

The case of the blameworthy-but-fortunate defendant has emerged as one of the most perplexing scenarios in mass tort litigation today. One need look no further than the front page of the newspaper to find examples of mass tort defendants said to have engaged in irresponsible conduct - even conduct that one might regard as morally outrageous in character - but that nonetheless advance eminently plausible contentions that they have not caused harm to others. This issue is not merely a matter for abstract speculation. A now-familiar mass tort scenario involves a defendant that markets a product without informing consumers about …

Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown

Michigan Law Review

In one of the few existing recordings of American juries deliberating in an actual criminal case, Wisconsin v. Reed, we observe jurors struggling with how they should apply a statute in a case in which the facts are not in real dispute. The defendant is charged with felon in possession of a gun, and all agree that he has a felony record and owned a pistol until he turned it over to the police upon their request. The statute contains three elements. The defendant must (a) have a felony conviction, (b) have possessed a gun, and (c) have known that …

Process, The Constitution, And Substantive Criminal Law, Louis D. Bilionis

Michigan Law Review

Criminal law scholars have pined for a substantive constitutional criminal law ever since Henry Hart and Herbert Packer first embraced the notion in the late 1950s and early 1960s. To this day, scholars continue to search for a theory fhat giv:es content to, in Hart's words, "the unmistakable indications that the Constitution means something definite and spμiething serious when it speaks of 'crime.'" To their dismay, the Supreme Court has - with two exceptions - seemingly resisted the notion. The two exceptions are familiar. First came the 1957 case of Lambert v. California, in which the Court came as close …

Is Hiv "Extraordinary"?, Jordan B. Hansell

Michigan Law Review

The Sentencing Reform Act of 1984 (the "Act") attempts to reduce inconsistencies in the sentences of defendants convicted of comparable crimes. The Act created a Sentencing Commission (the "Commission") and authorized it to promulgate a set of sentencing guidelines to steer judicial decisionmaking. To fulfill this mandate, the Commission drafted the Federal Sentencing Guidelines (the "Guidelines"), which Congress enacted in 1987. Although Congress wanted to eliminate sentencing disparities, it also wanted to allow some degree of individualized sentencing. To achieve the correct balance, the Commission created three categories of characteristics: those a court must consider in sentencing each defendant; those …

Justice And Public Safety In The Twenty-First Century, Janet Reno

McGeorge Law Review

No abstract provided.

Slamming The Prison Doors On Media Interviews: California's New Regulations Demonstrate The Need For A First Amendment Right To Access To Inmates, Daniel Bernstein

McGeorge Law Review

No abstract provided.

Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl

Michigan Journal of International Law

Part I of this article will describe the historical evolution of U.S. extradition law as a field parallel to, but separate from, domestic criminal procedure. Part II of this article describes the Parretti case and the Ninth Circuit's holding that the federal extradition statutory scheme of Title 18, United States Code, Section 3184, violates the Fourth Amendment to the extent that it authorizes the issuance of a provisional arrest warrant by a court without a prior evidentiary showing of probable cause to believe that the fugitive committed the crime charged abroad. Part III explores some of the implications and effects …

Consequences Of False Confessions: Deprivations Of Liberty And Miscarriages Of Justice In The Age Of Psychological Interrogation, Richard A. Leo, Richard J. Ofshe

Journal of Criminal Law and Criminology

No abstract provided.

Lindesmith V. Anslinger: An Early Government Victory In The Failed War On Drugs, John F. Galliher, David P. Keys, Michael Elsner

Journal of Criminal Law and Criminology

No abstract provided.

Protecting The Innocent From False Confessions And Lost Confessions--And From Miranda, Paul G. Cassell

Journal of Criminal Law and Criminology

No abstract provided.

Don't I Know You From Somewhere: Why Due Process Should Bar Judges From Presiding Over Cases When They Have Previously Prosectued The Defendant, Peter M. Friedman

Journal of Criminal Law and Criminology

No abstract provided.

Requiring Battered Women Die: Murder Liability For Mothers Under Failure To Protect Statutes, Michelle S. Jacobs

Journal of Criminal Law and Criminology

No abstract provided.

The Court Upholds A State Law Prohibiting Physician-Assisted Suicide, Brett Feinberg

Journal of Criminal Law and Criminology

No abstract provided.

A Look At The Use Of Acquitted Conduct In Sentencing, Erica K. Beutler

Journal of Criminal Law and Criminology

No abstract provided.

Legislating Through The Use Of Commentary: The Sentencing Commission's Interpretation Of 994(H) Of The Sentencing Reform Act, Jeffrey H. Knox

Journal of Criminal Law and Criminology

No abstract provided.

Cyberporn And Censorship: Constitutional Barriers To Preventing Access To Internet Pornography By Minors, Glenn E. Simon

Journal of Criminal Law and Criminology

No abstract provided.

The Misappropriation Theory: A Valid Application Of 10(B) To Protect Property Rights In Information, Keith Adam Simon

Journal of Criminal Law and Criminology

No abstract provided.

Comments On Kamisar, Daniel D. Polsby

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Declining Homicide In New York City: A Tale Of Two Trends, Jeffrey Fagan, Franklin E. Zimring, June Kim

Journal of Criminal Law and Criminology

No abstract provided.