Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory

Journal

2006

Institution
Keyword
Publication

Articles 1 - 16 of 16

Full-Text Articles in Law

The Outer Limits Of Gang Injunctions, Scott E. Atkinson Oct 2006

The Outer Limits Of Gang Injunctions, Scott E. Atkinson

Vanderbilt Law Review

Almost a decade ago, the California Supreme Court endorsed the use of public nuisance injunctions as a means to control street gangs. Public nuisance injunctions against gangs ("gang injunctions"), which result from civil suits filed by district or city attorneys, prohibit the nuisance conduct within a prescribed geographical area, focusing on the "turf' claimed by the gang. In People ex rel. Gallo v. Acuna, the California Supreme Court upheld an injunction against thirty-eight named members of a San Jose gang in a four square block area where none of the gang members lived. The court described the neighborhood as "an …


Harry Potter And The Half-Crazed Bureaucracy, Benjamin H. Barton May 2006

Harry Potter And The Half-Crazed Bureaucracy, Benjamin H. Barton

Michigan Law Review

What would you think of a government that engaged in this list of tyrannical activities: tortured children for lying; designed its prison specifically to suck all life and hope out of the inmates; placed citizens in that prison without a hearing; ordered the death penalty without a trial; allowed the powerful, rich, or famous to control policy; selectively prosecuted crimes (the powerful. go unpunished and the unpopular face trumped-up charges); conducted criminal trials without defense counsel; used truth serum to force confessions; maintained constant surveillance over all citizens; offered no elections and no democratic lawmaking process; and controlled the press? …


Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith Apr 2006

Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule Feb 2006

Should Coercive Interrogation Be Legal?, Eric A. Posner, Adrian Vermeule

Michigan Law Review

Most academics who have written on coercive interrogation believe that its use is justified in extreme or catastrophic scenarios but that nonetheless it should be illegal. They argue that formal illegality will not prevent justified use of coercive interrogation because government agents will be willing to risk criminal liability and are likely to be pardoned, acquitted, or otherwise forgiven if their behavior is morally justified. This outlaw and forgive approach to coercive interrogation is supposed to prevent coercive interrogation from being applied in inappropriate settings, to be symbolically important, and nonetheless to permit justified coercive interrogation. We argue that the …


Spotlight On Public Interest Attorneys: Cook County Public Guardian's Office Immigrant Children's Advocacy Project, Janelle Skaloud Jan 2006

Spotlight On Public Interest Attorneys: Cook County Public Guardian's Office Immigrant Children's Advocacy Project, Janelle Skaloud

Public Interest Law Reporter

No abstract provided.


Public Interest Attorney Profiles, Terrance A. Norton, Gregg Mcconnell, Don Hilliker, Jonathon K. Baum Jan 2006

Public Interest Attorney Profiles, Terrance A. Norton, Gregg Mcconnell, Don Hilliker, Jonathon K. Baum

Public Interest Law Reporter

No abstract provided.


Blameworthiness, Intent, And Cultural Dissonance: The Unequal Treatment Of Cultural Defense Defendants, Nancy S. Kim Jan 2006

Blameworthiness, Intent, And Cultural Dissonance: The Unequal Treatment Of Cultural Defense Defendants, Nancy S. Kim

University of Florida Journal of Law & Public Policy

No abstract provided.


Culture In Our Midst, Elaine M. Chiu Jan 2006

Culture In Our Midst, Elaine M. Chiu

University of Florida Journal of Law & Public Policy

No abstract provided.


Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner Jan 2006

Dostoyevsky And The Therapeutic Jurisprudence Confession, 40 J. Marshall L. Rev. 41 (2006), Amy D. Ronner

UIC Law Review

No abstract provided.


Two Paradigms Of Jurisdiction, Ralf Michaels Jan 2006

Two Paradigms Of Jurisdiction, Ralf Michaels

Michigan Journal of International Law

Globalization causes convergence of legal orders. Or so it is argued. Law and economics scholars predict that legal orders will move towards the same efficient end state. They argue that the requirements of globalization will pressure legal orders to converge on the level of economic efficiency, because regulatory competition between legal orders makes it impossible for individual legal systems to maintain suboptimal solutions. Many comparative lawyers predict a similar convergence. In particular traditional functionalist comparatists have long held that unification of law was both desirable and unavoidable. Their basic argument is based on functional equivalence and can be summarized as …


Catalyzing More Adequate Federal Habeas Review Of Summation Misconduct: Persuasion Theory And The Sixth Amendment Right To An Unbiased Jury, Ryan P. Alford Jan 2006

Catalyzing More Adequate Federal Habeas Review Of Summation Misconduct: Persuasion Theory And The Sixth Amendment Right To An Unbiased Jury, Ryan P. Alford

Oklahoma Law Review

No abstract provided.


Table Of Contents Jan 2006

Table Of Contents

Richmond Public Interest Law Review

Winter/Spring 2006 - Articles and Commentaries


The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro Jan 2006

The Limits Of The Olympian Court: Common Law Judging Versus Error Correction In The Supreme Court, Carolyn Shapiro

Washington and Lee Law Review

No abstract provided.


The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring Jan 2006

The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring

UIC Law Review

No abstract provided.


Fleming V. Guiliani, Christopher G. Boies Jan 2006

Fleming V. Guiliani, Christopher G. Boies

NYLS Law Review

No abstract provided.


Beautiful Dreamer: Review Of A Life Of H.L.A. Hart: The Nightmare And The Noble Dream, By Nicola Lacey, Jeanne L. Schroeder Jan 2006

Beautiful Dreamer: Review Of A Life Of H.L.A. Hart: The Nightmare And The Noble Dream, By Nicola Lacey, Jeanne L. Schroeder

University of Colorado Law Review

H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …