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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
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
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
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
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
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
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.
Fourtheenth Amendment--Police Failure To Preserve Evidence And Erosion Of The Due Process Right To A Fair Trial, Sarah M. Bernstein
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
Were There No Appeal: The History Of Review In American Criminal Courts, David Rossman
Journal of Criminal Law and Criminology
No abstract provided.