Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (28)
- Cleveland State University (16)
- Georgetown University Law Center (14)
- Case Western Reserve University School of Law (13)
- Golden Gate University School of Law (12)
-
- UIC School of Law (11)
- Selected Works (10)
- American University Washington College of Law (8)
- Duke Law (8)
- University of Michigan Law School (8)
- Cornell University Law School (7)
- University of Arkansas at Little Rock William H. Bowen School of Law (7)
- University of Pennsylvania Carey Law School (7)
- Vanderbilt University Law School (7)
- Columbia Law School (6)
- Maurer School of Law: Indiana University (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- University of Richmond (6)
- William & Mary Law School (6)
- Brooklyn Law School (5)
- Embry-Riddle Aeronautical University (5)
- Pace University (4)
- Florida State University College of Law (3)
- Loyola University Chicago, School of Law (3)
- Penn State Law (3)
- Singapore Management University (3)
- The Peter A. Allard School of Law (3)
- University at Buffalo School of Law (3)
- University of Missouri School of Law (3)
- Villanova University Charles Widger School of Law (3)
- Keyword
-
- Criminal law (19)
- Death penalty (12)
- Criminal Law and Procedure (7)
- Dr. Sam Sheppard (7)
- Capital punishment (6)
-
- Child abuse (6)
- Criminal Law (6)
- CyberCrime (6)
- Fourth Amendment (5)
- Criminal Procedure (4)
- Privacy (4)
- Sentencing (4)
- Statistics (4)
- Capital punishment -- United States (3)
- Child neglect (3)
- Constitutional Law (3)
- Crimes (3)
- Criminal justice (3)
- Criminal procedure (3)
- Ethics (3)
- International Criminal Tribunal (3)
- Judicial statistics (3)
- Law (3)
- Prosecutors (3)
- Racial profiling (3)
- Search and seizure (3)
- Sentences (3)
- Sentences (Criminal procedure) -- United States (3)
- Terrorism (3)
- U.S. states (3)
- Publication
-
- Journal of Criminal Law and Criminology (28)
- Faculty Scholarship (18)
- Cleveland State Law Review (15)
- Georgetown Law Faculty Publications and Other Works (14)
- War Crimes Memoranda (12)
-
- All Faculty Scholarship (11)
- UIC Law Review (9)
- Cornell Law Faculty Publications (7)
- Faculty Publications (7)
- Juvenile Justice Bulletin (7)
- Scholarly Works (7)
- Duke Law & Technology Review (6)
- Journal Articles (6)
- Michigan Law Review (6)
- International Bulletin of Political Psychology (5)
- Elisabeth Haub School of Law Faculty Publications (4)
- The Journal of Appellate Practice and Process (4)
- Vanderbilt Law School Faculty Publications (4)
- All Faculty Publications (3)
- Articles by Maurer Faculty (3)
- Articles in Law Reviews & Other Academic Journals (3)
- California Agencies (3)
- Human Rights Brief (3)
- Indiana Law Journal (3)
- Loyola University Chicago Law Journal (3)
- Research Collection Yong Pung How School Of Law (3)
- University of Arkansas at Little Rock Law Review (3)
- University of Richmond Law Review (3)
- Villanova Law Review (3)
- Articles (2)
- Publication Type
- File Type
Articles 241 - 268 of 268
Full-Text Articles in Law
Can You Be A Good Person And A Good Prosecutor?, Abbe Smith
Can You Be A Good Person And A Good Prosecutor?, Abbe Smith
Georgetown Law Faculty Publications and Other Works
Somehow, it is understood that prosecutors have the high ground. Most people simply assume that prosecutors are the good guys, wear the white hats, and are on the "right" side. Most law students contemplating a career in criminal law seem to think this. It could be that most practicing lawyers think this, as well.
Prosecutors represent the people, the state, the government. This is very noble, important, and heady stuff. Prosecutors seek truth, justice, and the American way. They are the ones who stand up for the victims and would-be victims, the bullied and battered and burgled. They protect all …
Self-Defense And Subjectivity, Victoria Nourse
Self-Defense And Subjectivity, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
The law of self-defense has rarely produced as much academic or popular heat as it has in the past two decades. Widely publicized trials, such as the Goetz and Menendez cases, have generated deep-seated fears of a law unmoored from principle. Those fears have generated a standard public critique--that the criminal law has become too soft and subjective, too wedded to syndrome science and prone to weak-kneed affection for defendants. The criminal law has lost its "objectivity," so the argument goes. The poster child, and even the alleged cause of this development, is the battered woman.
In this article, the …
The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband
The Hyde Amendment And Prosecutorial Investigation: The Promise Of Protection For Criminal Defendants, Lynn R. Singband
Fordham Urban Law Journal
This Comment first describes federal prosecutors' broad charging discretion and the resulting potential for abuse. It then discusses how current interpretations of the Hyde Amendment have failed to establish a standard of conduct for federal prosecutors different from that established by preexisting laws, internal regulations, and ethics rules. Finally, it argues that the Hyde Amendment offers the courts an important opportunity to issue opinions detailing how federal prosecutors should exercise their charging discretion. This Comment concludes that courts should take advantage of this opportunity to establish a more exact standard of conduct for prosecutors conducting investigations and thereby offer defendants …
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Apprendi V. New Jersey: Back To The Future?, Joseph L. Hoffmann
Apprendi V. New Jersey: Back To The Future?, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
"Project Exile" And The Allocation Of Federal Law Enforcement Authority, Daniel Richman
"Project Exile" And The Allocation Of Federal Law Enforcement Authority, Daniel Richman
Faculty Scholarship
With each report of violent crime statistics (whether rising or falling) or of the latest firearms outrage, we hear the antiphony of the gun control debate. Advocates of increased federal regulation decry the inadequacies of a regime that permits relatively free access to firearms and argue that the availability of guns is itself a spur to more deadly violence. Advocates of minimal regulation, for their part, condemn measures that, they say, will primarily penalize law-abiding citizens, and instead call for more vigorous enforcement of existing laws, targeting "criminals," not their weapons. When the antiphony intrudes on funerals, the effect can …
Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman
Look Who's Extrapolating: A Reply To Hoffmann, Valerie West, Jeffery Fagan, James S. Liebman
Faculty Scholarship
In late March, a reporter called with news of a pirated copy of Professor Joseph Hoffinann's soon-to-be-published "attack" on our study, A Broken System: Error Rates in Capital Cases, 1973-1995. Did we care to comment? Obtaining our own copy revealed that Professor Hoffmann's fusillade missed its mark (he misstates what we did) and boomeranged (his mischaracterizations of our analysis accurately describe his own). We do care to comment, and Hoffmann and the Indiana Law Journal have graciously let us do so.
Hoffmann's main claim is that we "extrapolated" the 68% rate of reversible error we reported for capital verdicts …
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye
LLM Theses and Essays
Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …
Criminal Law In Cyberspace, Neal K. Katyal
Criminal Law In Cyberspace, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
Two of the most talked-about crimes of the year, the ILoveYou computer worm and the denial of service attacks on Yahoo, eBay, and ETrade, suggest that a new form of crime is emerging: cybercrime. Thousands of these crimes occur each year, and the results are often catastrophic; in terms of economic damage, the ILoveYou worm may have been the most devastating crime in history, causing more than $11 billion in losses.
This paper asks how cybercrime is best deterred. It identifies five constraints on crime - legal sanctions, monetary perpetration cost, social norms, architecture, and physical risks - and explains …
Why Laws Work Pretty Well, But Not Great: Words And Rules In Legal Intrepretation, Lawrence Solan
Why Laws Work Pretty Well, But Not Great: Words And Rules In Legal Intrepretation, Lawrence Solan
Faculty Scholarship
No abstract provided.
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
The Jury In The 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
Faculty Scholarship
No abstract provided.
Handling Cases Of Willful Exposure Through Hiv Partner Counseling And Referral Services, Lawrence O. Gostin, James G. Hodge Jr.
Handling Cases Of Willful Exposure Through Hiv Partner Counseling And Referral Services, Lawrence O. Gostin, James G. Hodge Jr.
Georgetown Law Faculty Publications and Other Works
Cases of willful exposure reveal the existing and future risks to the public health (especially women) which may be presented by individuals who willfully expose others to HIV through unsafe sexual or needle-sharing behaviors. In response to a documented case of willful exposure, a PCRS counselor or other public health official may, in his or her professional judgment, decide to act to avert a legitimate public health threat to known or unknown persons in the community. Yet handling such cases raises difficult issues in law, ethics, and public health practice. Public health authorities may be unable or ill-equipped to successfully …
A Man Lost In The Gray Zone, David Luban
A Man Lost In The Gray Zone, David Luban
Georgetown Law Faculty Publications and Other Works
The Rudolf Kastner trial was one of the three great scandals that rocked Israeli party politics in the 1950s (the others were the negotiations with Germany for Holocaust reparations and the so-called "Lavon affair"). Although Leora Bilsky describes it as an "almost forgotten trial," it has not been forgotten by subsequent writers: it makes an important cameo appearance in Arendt's Eichmann in Jerusalem; it features prominently in Tom Segev's The Seventh Million (1991); Yehuda Bauer's Jews for Sale? (1994) takes pains to refute the charges against Kastner; and it inspired two novels - Amos Elon's Timetable (1980) and Neil Gordon's …
Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Transgressing The Border Between Protection And Empowerment For Domestic Violence Victims And Older Children: Empowerment As Protection In The Foster Care System, Susan Vivian Mangold
Journal Articles
No abstract provided.
Joseph In Lawyerland, Robin West
Joseph In Lawyerland, Robin West
Georgetown Law Faculty Publications and Other Works
As Alice wanders through Wonderland in an unreal space in real time-a dream-learning backward truths from illogical creatures who speak in paradoxes, so Joseph figuratively wanders through lawyerland in an unreal time, but in a very real space-Manhattan-conversing with his thinly fictionalized friends, all of whom happen to be lawyers, about their lives and practices in law. As Joseph's lawyers talk with him about the law they practice, they uncover, through White Rabbit and Cheshire Cat-like illogical precision, a chaotic, unkempt, unconscionably reckless, often cruel, and sometimes pathological legal wilderness. The legal terrain these lawyers occupy is not an inviting …
Formalism, Realism, And The War On Drugs, David Cole
Formalism, Realism, And The War On Drugs, David Cole
Georgetown Law Faculty Publications and Other Works
One of the ways our legal system has avoided confronting this ugly reality is through a commitment to legal formalism. Legal formalism allows us to ignore the social determinants that my AUSA friend saw every day as he prosecuted federal drug cases. As my colleague Professor Michael Seidman has suggested, legal formalism, which has been effectively critiqued and displaced by legal realism in many other areas of law, continues to exercise considerable influence over the way we think about criminal law. This formalist approach, in my view, has strongly affected the way we approach the drug problem. One consequence is …
As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole
As Freedom Advances: The Paradox Of Severity In American Criminal Justice, David Cole
Georgetown Law Faculty Publications and Other Works
According to the Enlightenment philosopher Montesquieu, "as freedom advances, the severity of the penal law decreases."' Montesquieu's notion is in the United States Constitution's Eighth Amendment, a provision that reflects a Montesquieuan faith that punishments acceptable today will become cruel and unusual tomorrow. Yet the United States in the year 2000 presents a serious challenge to Montesquieu's notion of the progress of freedom. The United States is simultaneously a leader of the "free world" and of the incarcerated world. We celebrate and export our commitment to free markets, civil rights, and civil liberties, yet we are also a world leader …
The Bakaly Debacle: The Role Of The Press In High-Profile Criminal Investigations, Julie R. O'Sullivan
The Bakaly Debacle: The Role Of The Press In High-Profile Criminal Investigations, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
Others have examined why prosecutors or law enforcement agents may be inclined to "leak" information regarding ongoing criminal investigations, documented the rules that govern federal prosecutors' interaction with the press in such circumstances, outlined the difficulties encountered in enforcing those rules, and critiqued the performance of Mr. Starr's office in this regard. In other words, the dynamic as it flows from governmental actors to the press has been scrutinized. I would like to suggest that a more searching examination be conducted of the press's role, and perhaps its responsibilities, in this context. Because I am neither a journalist nor a …
Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague
Faulty Adversarial Performance By Criminal Defenders In The Crown Court, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
Who is the more able advocate, the lawyer in the United States or the barrister in England and Wales? Answering that question is extremely difficult because of a multitude of differences in the procedural regimes in which each works and in the scope of each's responsibility. Yet, one facet stands out, like a full moon in a dark sky: The comparative number of defenders who on appeal have been accused of having provided inappropriate representation in the process leading to conviction . . . Part 1 discusses the procedural hurdles that make challenging the trial barrister's conduct more difficult than …
Free Exercise Rights Of Capital Jurors, Brian Galle
Free Exercise Rights Of Capital Jurors, Brian Galle
Georgetown Law Faculty Publications and Other Works
The Supreme Court has said that the Constitution permits trial judges to exclude from the pool of potential capital trial jurors any persons whose views on the death penalty would likely substantially impair their ability to reach an impartial verdict. This Note argues that the Court's analysis to date is incomplete, in that it omits close evaluation of potential conflicts between such exclusions and the Free Exercise Clause. The Note argues further that a court should apply strict scrutiny to any state action, such as exclusion for cause, that burdens the use of religious beliefs in the mental processes of …
A Round Peg In A Square Hole: Federal Forfeiture Of State Professional Licenses, Wesley Oliver
A Round Peg In A Square Hole: Federal Forfeiture Of State Professional Licenses, Wesley Oliver
Wesley M Oliver
No abstract provided.
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.
Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan
Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan
Lucian E Dervan
In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …
The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown
The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown
Bartram Brown
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
James W. Diehm
Wilde On Trial: Psychic Injury, Exhibitionism And The Law, Kirby Farrell Prof
Wilde On Trial: Psychic Injury, Exhibitionism And The Law, Kirby Farrell Prof
kirby farrell
A reassessment of Oscar Wilde's conviction for sexual offenses. Wilde's trial responded to polarization in fantasies of respectability in late Victorian culture, with the fear of social death underlying anxieties about homosexuality.
Comparative Institutional Analysis In Cyberspace: The Case Of Intermediary Liability For Defamation, Susan Freiwald
Comparative Institutional Analysis In Cyberspace: The Case Of Intermediary Liability For Defamation, Susan Freiwald
Susan Freiwald
Almost every day brings reports that Congress is considering new cyberspace-targeted laws and the courts are deciding novel cyberspace legal questions. These developments lend urgency to the question of whether a particular cyberspace legal change should come through operation of new statutes, judicial decisions, or the free market. If we can develop sophisticated analytical methods to evaluate institutional competence in cyberspace, we can vastly improve the development of cyberspace law and public policy.
Comparative Institutional Analysis in Cyberspace: The Case of Intermediary Liability for Defamation promotes just such an approach. By describing and extending a recently proposed model of comparative …
6. Reducing Maltreated Children’S Reluctance To Answer Hypothetical Oath-Taking Competency Questions., Thomas D. Lyon, Karen J. Saywitz, Debra Kaplan, Joyce S. Dorado