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Full-Text Articles in Law
Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan
Horizontal Federalism In An Age Of Criminal Justice Interconnectedness, Wayne A. Logan
Scholarly Publications
Despite their status as independent sovereigns, states increasingly exhibit a willingness to interact when it comes to crime control matters. This Article examines the two foremost examples of this phenomenon: criminal recidivist enhancement laws and sex offender registration laws. Both types of laws have been around for decades and have evolved to accommodate ex-offenders, who, consistent with constitutional freedom of movement, can (and often do) change state residences. This effort at accommodation, however, puts states in the unusual position of having to interpret and apply the criminal laws and outcomes of their fellow sovereigns. As the Article makes clear, recidivist …
Model Of Time-Inconsistent Misconduct: The Case Of Lawyer Misconduct, Manuel A. Utset
Model Of Time-Inconsistent Misconduct: The Case Of Lawyer Misconduct, Manuel A. Utset
Scholarly Publications
No abstract provided.
Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan
Civil And Criminal Recidivists: Extraterritoriality In Tort And Crime, Wayne A. Logan
Scholarly Publications
Historically, punitive damage awards and criminal sentences have shared the common justifications of punishment and deterrence, with the culpability of tortfeasors and criminals alike being enhanced as a result of repeat misconduct. The Supreme Court’s 2003 decision in State Farm v. Campbell suggests, however, that the parallels now in effect stop at the state line. The extraterritorial misconduct of tortfeasors is permitted to play a very limited role, if any, in the assessment of punitive damage awards. Meanwhile, such misconduct continues to be used by courts to significantly enhance the sentences of criminal defendants, an asymmetry accentuated by California v. …
Victim Participation In The Criminal Process, Erin O'Hara O'Connor
Victim Participation In The Criminal Process, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
Time-Inconsistent Management & The Sarbanes-Oxley Act, Manuel A. Utset
Time-Inconsistent Management & The Sarbanes-Oxley Act, Manuel A. Utset
Scholarly Publications
No abstract provided.