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Articles 1 - 30 of 43

Full-Text Articles in Law

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts Apr 1990

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Separation Of Powers--The Federal Sentencing Commission: Unconstitutional Delegation And Threat To Judicial Impartiality, Lisa G. Esayian Jan 1990

Separation Of Powers--The Federal Sentencing Commission: Unconstitutional Delegation And Threat To Judicial Impartiality, Lisa G. Esayian

Journal of Criminal Law and Criminology

No abstract provided.


Fourth Amendment--The Reasonableness Of Suspicionless Drug Testing Of Railroad Employees, Heidi P. Mallory Jan 1990

Fourth Amendment--The Reasonableness Of Suspicionless Drug Testing Of Railroad Employees, Heidi P. Mallory

Journal of Criminal Law and Criminology

No abstract provided.


Fourth Amendment--Using The Drug Courier Profile To Fight The War On Drugs, Steven K. Bernstein Jan 1990

Fourth Amendment--Using The Drug Courier Profile To Fight The War On Drugs, Steven K. Bernstein

Journal of Criminal Law and Criminology

No abstract provided.


Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel Jan 1990

Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel

Journal of Criminal Law and Criminology

No abstract provided.


Fifth Amendment--Affording Society's Interest Greater Protection In Double Jeopardy Analysis, John J. Jr. Sikora Jan 1990

Fifth Amendment--Affording Society's Interest Greater Protection In Double Jeopardy Analysis, John J. Jr. Sikora

Journal of Criminal Law and Criminology

No abstract provided.


Errata Jan 1990

Errata

Journal of Criminal Law and Criminology

No abstract provided.


Fourtheenth Amendment--Police Failure To Preserve Evidence And Erosion Of The Due Process Right To A Fair Trial, Sarah M. Bernstein Jan 1990

Fourtheenth Amendment--Police Failure To Preserve Evidence And Erosion Of The Due Process Right To A Fair Trial, Sarah M. Bernstein

Journal of Criminal Law and Criminology

No abstract provided.


The Pressures And Prospects For Change, Ronald J. Allen Jan 1990

The Pressures And Prospects For Change, Ronald J. Allen

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Procedure In The Land Of Oz: Lessons For America, Craig M. Bradley Jan 1990

Criminal Procedure In The Land Of Oz: Lessons For America, Craig M. Bradley

Journal of Criminal Law and Criminology

No abstract provided.


Gateway To Justice: Police And Prosecutorial Response To Sexual Assaults Against Women, Wayne A. Kerstetter Jan 1990

Gateway To Justice: Police And Prosecutorial Response To Sexual Assaults Against Women, Wayne A. Kerstetter

Journal of Criminal Law and Criminology

No abstract provided.


The Competence Of Criminal Defendants With Mental Retardation To Participate In Their Own Defense, Richard J. Bonnie Jan 1990

The Competence Of Criminal Defendants With Mental Retardation To Participate In Their Own Defense, Richard J. Bonnie

Journal of Criminal Law and Criminology

No abstract provided.


Aider And Abettor Liability, The Continuing Criminal Enterprise, And Street Gangs: A New Twist In An Old War On Drugs, William G. Skalitzky Jan 1990

Aider And Abettor Liability, The Continuing Criminal Enterprise, And Street Gangs: A New Twist In An Old War On Drugs, William G. Skalitzky

Journal of Criminal Law and Criminology

No abstract provided.


Mistake And Impossibility, Law And Fact, And Culpability: A Speculative Essay, Kenneth W. Simons Jan 1990

Mistake And Impossibility, Law And Fact, And Culpability: A Speculative Essay, Kenneth W. Simons

Journal of Criminal Law and Criminology

No abstract provided.


Pretrial Drug Testing And Defendant Risk, John S. Goldkamp, Michael R. Gottfredson, Doris Weiland Jan 1990

Pretrial Drug Testing And Defendant Risk, John S. Goldkamp, Michael R. Gottfredson, Doris Weiland

Journal of Criminal Law and Criminology

No abstract provided.


The Use Of The Necessity Defense By Abortion Clinic Protesters, Arlene D. Boxerman Jan 1990

The Use Of The Necessity Defense By Abortion Clinic Protesters, Arlene D. Boxerman

Journal of Criminal Law and Criminology

No abstract provided.


The Internal And External Analysis Of Concepts, Randy E. Barnett Jan 1990

The Internal And External Analysis Of Concepts, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In Abstract Right and the Possibility of a Nondistributive Conception of Contract: Hegel and Contemporary Contract Theory, Peter Benson criticizes the authors presentation of a consent theory of contract, in part, on the ground that it "refers only to the empirical facts of the requirements of human needs and fulfillment. Like [Charles] Fried's [account], his conception of the consensual basis of a contract does not preserve the required standpoint of abstraction. " On this basis Professor Benson concludes that the author's approach fails to "provide an adequate elucidation of a nondistributive conception of contract.

By explaining contractual obligation …


The Virtues Of Redundancy In Legal Thought, Randy E. Barnett Jan 1990

The Virtues Of Redundancy In Legal Thought, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Redundancy has a bad reputation among legal intellectuals. When someone says, for example, that the ninth and tenth amendments are redundant, we can be pretty sure that this person attaches little importance to these constitutional provisions. Listen to one of the definitions of redundant provided by the Oxford English Dictionary: "superabundant, superfluous, excessive."' In this essay, the author proposes that legal theorists pay serious attention to the concept of redundancy used by engineers. He explains how redundancy--in this special sense--is essential to any intellectual enterprise in which we try to reach action-guiding conclusions, including the enterprise of law. The author …


Fourth Amendment--Suspicionless Urinalysis Testing: A Constitutionally Reasonable Weapon In The Nation's War On Drugs, Kenneth C. Betts Jan 1990

Fourth Amendment--Suspicionless Urinalysis Testing: A Constitutionally Reasonable Weapon In The Nation's War On Drugs, Kenneth C. Betts

Journal of Criminal Law and Criminology

No abstract provided.


First Amendment--Disconnecting Dial-A-Porn: Section 223(B)'S Two Pronged Challenge To First Amendment Rights, Suzanne D. Rubens Jan 1990

First Amendment--Disconnecting Dial-A-Porn: Section 223(B)'S Two Pronged Challenge To First Amendment Rights, Suzanne D. Rubens

Journal of Criminal Law and Criminology

No abstract provided.


Fifth Amendment--Coercion And Clarity: The Supreme Court Approves Altered Miranda Warnings, David B. Altman Jan 1990

Fifth Amendment--Coercion And Clarity: The Supreme Court Approves Altered Miranda Warnings, David B. Altman

Journal of Criminal Law and Criminology

No abstract provided.


Eighth Amendment--The Death Penalty And The Mentally Retarded Criminal: Fairness, Culpability, And Death, Peter K.M. Chan Jan 1990

Eighth Amendment--The Death Penalty And The Mentally Retarded Criminal: Fairness, Culpability, And Death, Peter K.M. Chan

Journal of Criminal Law and Criminology

No abstract provided.


Eighth Amendment--Prosecutorial Comment Regarding The Victim's Personal Qualities Should Not Be Permitted At The Sentencing Phase Of A Capital Trial, Eric S. Newman Jan 1990

Eighth Amendment--Prosecutorial Comment Regarding The Victim's Personal Qualities Should Not Be Permitted At The Sentencing Phase Of A Capital Trial, Eric S. Newman

Journal of Criminal Law and Criminology

No abstract provided.


Future Of Confrontation Clause Developments: What Will Emerge When The Supreme Court Synthesizes The Diverse Lines Of Confrontation Decisions, James B. Haddad Jan 1990

Future Of Confrontation Clause Developments: What Will Emerge When The Supreme Court Synthesizes The Diverse Lines Of Confrontation Decisions, James B. Haddad

Journal of Criminal Law and Criminology

No abstract provided.


Self-Incrimination By Inference: Consitutional Restrictions On The Evidentiary Use Of A Suspect's Refusal To Submit To A Search, H. Richard Uviller Jan 1990

Self-Incrimination By Inference: Consitutional Restrictions On The Evidentiary Use Of A Suspect's Refusal To Submit To A Search, H. Richard Uviller

Journal of Criminal Law and Criminology

No abstract provided.


Can Mandatory Jail Laws Deter Drunk Driving--The Arizona Case, H. Laurence Ross, Richard Mccleary, Gary Lafree Jan 1990

Can Mandatory Jail Laws Deter Drunk Driving--The Arizona Case, H. Laurence Ross, Richard Mccleary, Gary Lafree

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 1990

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Potential Revolution In Bruton Doctrine: Is Bruton Applicable Where Domestic Evidence Rules Prohibit Use Of A Codefendant's Confession As Evidence Against A Defendant Although The Confrontation Clause Would Allow Such Use?, James B. Haddad, Richard G. Agin Jan 1990

Potential Revolution In Bruton Doctrine: Is Bruton Applicable Where Domestic Evidence Rules Prohibit Use Of A Codefendant's Confession As Evidence Against A Defendant Although The Confrontation Clause Would Allow Such Use?, James B. Haddad, Richard G. Agin

Journal of Criminal Law and Criminology

No abstract provided.


Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschenes Jan 1990

Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschenes

Journal of Criminal Law and Criminology

No abstract provided.


Were There No Appeal: The History Of Review In American Criminal Courts, David Rossman Jan 1990

Were There No Appeal: The History Of Review In American Criminal Courts, David Rossman

Journal of Criminal Law and Criminology

No abstract provided.