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Articles 2551 - 2580 of 2582

Full-Text Articles in Law

Legal Aspects Of Prison Riots, Ira P. Robbins Dec 1981

Legal Aspects Of Prison Riots, Ira P. Robbins

Ira P. Robbins

Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement."

When such a bomb detonates and a prison riot erupts, …

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The Four Men Strom Thurmond Sent To The Chair, David Bruck Apr 1981

The Four Men Strom Thurmond Sent To The Chair, David Bruck

David I. Bruck

No abstract provided.

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Chinese Encounters, Robert M. Sanger Mar 1981

Chinese Encounters, Robert M. Sanger

Robert M. Sanger

A Review of the book Chinese Encounters by Inge Morath and Arthur Miller. Miller inquired about cultural and legal issues in China as one of the first American intellectuals to be given relatively free access to China since the Mao regime. Inge Morath provided remarkable photographs. The significance was the juxtaposition of Miller's adherence to the Western concept of the Rule of Law with the communitarian values of Chinese culture.

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Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira P. Robbins Jan 1981

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira P. Robbins

Ira P. Robbins

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.

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Mens Rea, Due Process And The Supreme Court: Toward A Constitutional Doctrine Of Substantive Criminal Law, C. Peter Erlinder Jan 1981

Mens Rea, Due Process And The Supreme Court: Toward A Constitutional Doctrine Of Substantive Criminal Law, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

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The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein Dec 1980

The Plea Bargain In England And America: A Comparative Institutional Approach, Richard Adelstein

Richard Adelstein

A comparative view of adjudication by guilty plea in the US and the UK.

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Institutional Function And Evolution In The Criminal Process, Richard Adelstein Dec 1980

Institutional Function And Evolution In The Criminal Process, Richard Adelstein

Richard Adelstein

An extended development of the foundations of the price exaction model of the criminal process.

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Solipsism And Criminal Liability, Ira P. Robbins Dec 1979

Solipsism And Criminal Liability, Ira P. Robbins

Ira P. Robbins

A viable legal system and a free society can endure and progress only by continuing to debate fundamental principles. Thus, often it is useful to return to underlying precepts in order to refine and comprehend more fully the contemporary state of knowledge. This article posits the case of the solipsist-one who denies the existence of all physical reality and maintains that his own ego alone exists-as a criminal defendant. Others, most notably Professor Lon L. Fuller, have expounded upon the manifold ways in which certain harsh necessities, externally impose upon common people, can test the rules of the criminal law. …

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The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira P. Robbins Dec 1979

The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira P. Robbins

Ira P. Robbins

Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit …

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Doing Business With Government: Are Prospective Suppliers Entitled To Procedural Due Process?, C. Peter Erlinder Jan 1979

Doing Business With Government: Are Prospective Suppliers Entitled To Procedural Due Process?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

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The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein Dec 1978

The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein

Richard Adelstein

More on price exaction, and punishments as conveyors of cost information in the criminal process.

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Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein Dec 1978

Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein

Richard Adelstein

A further development of the price exaction model and an application to the problem of sentencing standards.

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A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira P. Robbins Sep 1978

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira P. Robbins

Ira P. Robbins

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country.
The Treaty was ratified …

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The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein Dec 1977

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

An early exposition of the price exaction framework and the place of plea bargaining in it.

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The Plea Bargain In Theory Dec 1977

The Plea Bargain In Theory

Richard Adelstein

A formal dynamic model of plea bargains.

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Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson Dec 1977

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

David Aaronson

No abstract provided.

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Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson Dec 1977

Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson

David Aaronson

Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …

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Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins Apr 1977

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins

Ira P. Robbins

The 1960's marked a watershed for the criminal justice system. In such areas as search and seizure, right to counsel and the privilege against self-incrimination, the federal courts first defined substantive constitutional rights and then imposed them upon disinclined functionaries at the state level. At first, these innovations raised thorny questions of constitutional interpretation about the rights involved, but, as is especially visible in the search and seizure area, the debate more recently has focused on the remedy chosen by the Supreme Court for enforcing these rights against the states.' This pattern of escalating federal involvement in the criminal justice …

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Learning By Redoing, Review Of A. Von Hirsch, Doing Justice: The Choice Of Punishments, Ira P. Robbins Dec 1976

Learning By Redoing, Review Of A. Von Hirsch, Doing Justice: The Choice Of Punishments, Ira P. Robbins

Ira P. Robbins

Book review of Doing Justice: The Choice of Punishments. By Andrew von Hirsch. New York: Hill & Wang, 1976. Pp. xi, 179. $8.95.

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Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson Dec 1976

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson

David Aaronson

No abstract provided.

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Subdivision Exactions And Congestion Externalities (With Noel Edelson) Dec 1975

Subdivision Exactions And Congestion Externalities (With Noel Edelson)

Richard Adelstein

A model of congestion in housing and pricing policy to address it.

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The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein Dec 1974

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

My dissertation of 1975, published by Garland Publishing in their series Outstanding Dissertations in Economics, 1984

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Three Prosecutors Look At The New Pennsylvania Crimes Code, Martin H. Belsky, Joseph Dougherty, Steven H. Goldblatt Jan 1974

Three Prosecutors Look At The New Pennsylvania Crimes Code, Martin H. Belsky, Joseph Dougherty, Steven H. Goldblatt

Martin H. Belsky

On December 6, 1972, a new Crimes Code, was approved, to be effective June 6, 1973. The new Crimes Code is the first real legislative attempt since 1860 to codify the criminal laws of the Commonwealth of Pennsylvania. However, because of political realities, it is not a complete codification, but rather an attempt to restructure only those provisions found in the former Penal Code.

In the comments of the Joint State Government Commission, the drafters of the new Crimes Code sought to convince the legislature and the public that few substantive changes had been made., In fact, by the elimination …

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Rent Control, Robert M. Bloom Dec 1973

Rent Control, Robert M. Bloom

Robert M. Bloom

No abstract provided.

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Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein Dec 1973

Just Compensation And The Assassin's Bequest: A Utilitarian Approach, Richard Adelstein

Richard Adelstein

An analysis of Porter v. United States (1973), a case involving the value of items owned by Lee Harvey Oswald.

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Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power Dec 1972

Comment, Presumptions And Due Process: Congress Attacks Organized Crime, Robert Power

Robert C Power

No abstract provided.

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A Proposal For Changing The Jurisdictional Provisions Of The New Federal Criminal Code, John Dobbyn Dec 1971

A Proposal For Changing The Jurisdictional Provisions Of The New Federal Criminal Code, John Dobbyn

John Dobbyn

No abstract provided.

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A Handbook On Sentencing, Brian Slattery Dec 1971

A Handbook On Sentencing, Brian Slattery

Brian Slattery

This book aims to show that sentencing, like any other area of the law, is governed by reasonably well-defined principles and rules. Although these rules are known to any experienced judge and are frequently invoked in judgments, they have never been organized into an explicit and coherent system and have suffered from this neglect. This book provides not only better access to the rules but also a logical framework within which they can be discussed and applied. While the work has specific application to Tanzania, it should be of use throughout East and Central Africa, whose nations have similar penal …

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Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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Federal Habeas Corpus--The Search For A Solution To The Prematurity Concept, Bruce G. Berner Jan 1966

Federal Habeas Corpus--The Search For A Solution To The Prematurity Concept, Bruce G. Berner

Bruce G. Berner

No abstract provided.

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