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Articles 31 - 60 of 121
Full-Text Articles in Law
Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler
Ignorance Of The Law: Should It Excuse Violations Of Certain Federal Restrictions On The Possession Of Firearms?, Thomas L. Fowler
Campbell Law Review
Are thousands of North Carolinians violating federal criminal law every day without knowing it even though such violations may subject them to imprisonment for up to ten years and a fine of up to $250,000? Ignorance of the law is generally held not to excuse criminal conduct, but can such ignorance ever be so reasonable and predictable as to constitute a legitimate excuse? Are some laws so obscure, technical, counter-intuitive, or hard to discover that ignorance of the law will be a defense?
A New Legal Realism For Criminal Procedure, Robert Weisberg
A New Legal Realism For Criminal Procedure, Robert Weisberg
Buffalo Law Review
Book review of Marc L. Miller & Ronald F. Wright's Criminal Procedure: Cases, Statutes, and Executive Materials
Rethinking The Sentencing Regime For Murder, Isabel Grant
Rethinking The Sentencing Regime For Murder, Isabel Grant
Osgoode Hall Law Journal
This article reviews the current sentencing regime for the crime of murder in Canada with a view to identifying its shortcomings and suggesting possibilities for improvement. The article argues that the existing classification of murder into first- and second-degree, and the harsh periods of parole ineligibility attached to a murder conviction should both be abolished. The author argues for a compromise position, which would maintain the important distinction between manslaughter and murder and yet allow sufficient flexibility for trial judges to ensure that sentences for murder, as with other crimes, can be tailored to fit the crime.
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the nuances surrounding the use of the death penalty in terrorism cases.
Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde
Can You Yahoo!? The Internet’S Digital Fences, Brendon Fowler, Cara Franklin, Bob Hyde
Duke Law & Technology Review
The Yahoo! auction case illustrates the problems inherent in the lack of a common Internet jurisdictional structure. This iBrief argues that the application of local law allowed France to win a victory against domestic hate groups, but dealt a blow to free speech everywhere.
School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis
School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis
Brigham Young University Education and Law Journal
No abstract provided.
Women Defenders In The West, Barbara Allen Babcock
Women Defenders In The West, Barbara Allen Babcock
Nevada Law Journal
No abstract provided.
Grouping Fraud And Money Laundering Under The Federal Sentencing Guidelines: The Need For Uniformity And Proportionality, Christopher J. Fernandez
Grouping Fraud And Money Laundering Under The Federal Sentencing Guidelines: The Need For Uniformity And Proportionality, Christopher J. Fernandez
Washington and Lee Law Review
No abstract provided.
Which Of The Preparatory Commission's Latest Proposals For The Definition Of The Crime Of Aggression And The Exercise Of Jurisdiction Should Be Adopted Into The Rome Statute Of The International Criminal Court?, Rachel Peirce
Brigham Young University Journal of Public Law
No abstract provided.
Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde
Internet Securities Fraud: Old Trick, New Medium, Brendon Fowler, Cara Franklin, Robert Hyde
Duke Law & Technology Review
Billions of securities are traded every day in public and private markets around the world. This practice is hundreds of years old and as long as securities have been traded, someone has tried to defraud the system to make a quick buck. With the advent of the Internet, new securities fraud schemes have appeared.
Conjunction And Aggregation, Saul Levmore
Conjunction And Aggregation, Saul Levmore
Michigan Law Review
This Article begins with the puzzle of why the law avoids the issue of conjunctive probability. Mathematically inclined observers might, for example, employ the "product rule," multiplying the probabilities associated with several events or requirements in order to assess a combined likelihood, but judges and lawyers seem otherwise inclined. Courts and statutes might be explicit about the manner in which multiple requirements should be combined, but they are not. Thus, it is often unclear whether a factfinder should assess if condition A was more likely than not to be present - and then go on to see whether condition B …
State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner
State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner
Richmond Journal of Law & Technology
In the United States, cybercrimes are the focus of legislation adopted at both the state and federal levels. The U.S. Constitution allocates lawmaking authority between the two levels according to certain principles, one of which is that even when federal jurisdiction to legislate exists, federal legislation is appropriate only when federal intervention is required. And while federal legislative authority can pre-empt the states' ability to legislate in a given area, it rarely does, so it is not unusual for federal criminal laws to overlap with state prohibitions that address essentially the same issues.
A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin
A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin
Vanderbilt Journal of Transnational Law
This Note examines international criminal tribunals and analyzes the factors that can govern the level of their effectiveness. The historical background in this area is essential, for one of the main points of the Note is that international criminal tribunals cannot be detached from the political circumstances that create them and enforce their verdicts if those verdicts are to be enforceable at all.
The Note begins with an analysis of the International Military Tribunal at Nuremberg, and compares it to its contemporary counterpart, the International Military Tribunal at Tokyo. The Note then makes a similar analysis of the recent International …
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu
Michigan Journal of Race and Law
This speech covers three points. First, a brief summary of the failed federal criminal prosecution of Wen Ho Lee is given. Second, Wu talks about the racial profiling used in this case. Third, Wu talks about the possibilites for Asian Americans and other racial minorities to engage in principled activism to overcome these unfortunate trends.
An Open Letter To Governor George Ryan Concerning How To Fix The Death Penalty System, David Mccord
An Open Letter To Governor George Ryan Concerning How To Fix The Death Penalty System, David Mccord
Loyola University Chicago Law Journal
No abstract provided.
Opaque Recklessness, Kimberly Kessler Ferzan
Opaque Recklessness, Kimberly Kessler Ferzan
Journal of Criminal Law and Criminology
No abstract provided.
Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran
Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran
Journal of Criminal Law and Criminology
No abstract provided.
The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson
The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson
Journal of Criminal Law and Criminology
No abstract provided.
Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber
Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber
Journal of Criminal Law and Criminology
No abstract provided.
Overview Of Arkansas Warrantless Search And Seizure Law, David J. Sachar
Overview Of Arkansas Warrantless Search And Seizure Law, David J. Sachar
University of Arkansas at Little Rock Law Review
No abstract provided.
Let The Cameras Roll: Mandatory Videotaping Of Interrogations Is The Solution To Illinois' Problem Of False Confessions, Steven A. Drizin, Beth A. Colgan
Let The Cameras Roll: Mandatory Videotaping Of Interrogations Is The Solution To Illinois' Problem Of False Confessions, Steven A. Drizin, Beth A. Colgan
Loyola University Chicago Law Journal
No abstract provided.
Post-Conviction Challenges To The Death Penalty: Mental Health Records And The Fifth Amendment, Barbara Gilleran-Johnson, Gloria A. Kristopek
Post-Conviction Challenges To The Death Penalty: Mental Health Records And The Fifth Amendment, Barbara Gilleran-Johnson, Gloria A. Kristopek
Loyola University Chicago Law Journal
No abstract provided.
Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton
Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton
Richmond Journal of Law and the Public Interest
On June 13, 1997, Timothy McVeigh was sentenced to death for the bombing of the Alfred P. Murrah Federal Building in Oklahoma City on April 19,1995. The bombing resulted in the deaths of 168 people and the wounding of over 500 more. McVeigh successfully petitioned U.S. District Court Judge Richard Matsch to put an end to his appeals and expedite his execution. At midnight on February 16, 2001 McVeigh let pass his deadline to petition President George W. Bush for clemency. He is scheduled to die by lethal injection on May 16, 2001 at the federal penitentiary in Terre Haute, …
News From The International Criminal Tribunals, Cecile E.M. Meijer
News From The International Criminal Tribunals, Cecile E.M. Meijer
Human Rights Brief
No abstract provided.
When Is An Attempted Rape Not An Attempted Rape? When The Victim Is A Transsexual - Schwenk V. Hartford: The Intersection Of Prison Rape, Title Vii And Societal Willingness To Dehumanize Transsexuals, Katrina C. Rose
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Criminal Procedure—Pretext In A State Of Confusion—The Arkansas Supreme Court Takes A Stand On Pretextual Arrests. State V. Sullivan, 340 Ark. 315, 11 S.W.3d 526, Supplemental Op. On Denial Of Reh'g, 340 Ark. 318a, 16 S.W.3d 551 (2000), Pet. For Cert. Filed, 69 U.S.L.W. 3157 (U.S. Aug. 16, 2000) (No. 00-262)., Erika Ross Montgomery
University of Arkansas at Little Rock Law Review
No abstract provided.
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
University of Richmond Law Review
The Fourth Amendment to the United States Constitution is "designed 'to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." The Amendment is currently interpreted as consisting of two separate clauses, the first generally prohibiting unreasonable searches and seizures, and the second requiring the establishment of probable cause prior to the issuance of a warrant. Hence, only those government searches and seizures requiring a warrant necessitate the establishment of probable cause, and all other searches and seizures simply need to be "reasonable."
Punishing The Causer As The Principal: Mens Rea And The Interstate Transportation Element Of The National Stolen Property Act
San Diego Law Review
Transporting goods worth over five thousand dollars, which are known to be stolen, in interstate commerce is a violation of the Federal National Stolen Property Act (NSPA).' The congressional intent behind the NSPA is to aid the states in punishing those who commit theft, fraud, or counterfeiting in violation of state law, but elude punishment by utilizing the channels of interstate commerce.2 Congress included an interstate transportation element in this statute, which is otherwise parallel to a typical state stolen property statute, merely to supply a constitutional basis for the exertion of federal power.' Thus, Congress enacted the NSPA as …
The Jury Poll And A Dissenting Juror: When A Juror In A Criminal Trial Disavows Their Verdict In Open Court, 35 J. Marshall L. Rev. 45 (2001), Karl Moltzen
UIC Law Review
No abstract provided.
The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm
The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm
Florida State University Journal of Transnational Law & Policy
No abstract provided.