Law Commons^™

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Does Congress Abuse Its Spending Clause Power By Attaching Conditions On The Receipt Of Federal Law Enforcement Funds To A State's Compliance With Megan's Law, W. Paul Koenig

Journal of Criminal Law and Criminology

No abstract provided.

The Limits Of The Preventive State, Carol S. Steiker

Journal of Criminal Law and Criminology

No abstract provided.

Federal False Statement Prosecutions: The Absurd Becomes Material, Bradford R. Hise

Journal of Criminal Law and Criminology

No abstract provided.

Exluding Automobile Passengers From Fourth Amendment Protection, Jenny L. Riggs

Journal of Criminal Law and Criminology

No abstract provided.

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Journal of Criminal Law and Criminology

No abstract provided.

Physician-Assisted Suicide And Voluntary Euthanasia: Some Relevant Differences, John Deigh

Journal of Criminal Law and Criminology

No abstract provided.

Religious Perspectives On Assisted Suicide, Cristina L.H. Traina

Journal of Criminal Law and Criminology

No abstract provided.

An Inquiry Into The Right Of Criminal Juries To Determine The Law In Colonial America, Stanton D. Krauss

Journal of Criminal Law and Criminology

No abstract provided.

Police Discpline In Chicago: Arbitration Or Arbitrary, Mark Iris

Journal of Criminal Law and Criminology

No abstract provided.

Another Stab At Schneckloth: The Problem Of Limited Consent Searches And Plain View Seizures, Michael J. Friedman

Journal of Criminal Law and Criminology

No abstract provided.

The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley

All Faculty Scholarship

The authors use social science methodology to determine whether a doctrinal shift-from an objectivist view of criminality in the common law to a subjectivist view in modern criminal codes-is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue …

Sources Of Commitment To Social Justice, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison

Articles

ProCD, Inc. v. Zeidenberg, which enforced a shrinkwrap license for computer software, has encouraged the expansion of the shrinkwrap form beyond computer programs, forward, onto the Internet, and backward, toward such traditional works as books and magazines. Authors and publishers are using that case to advance norms of information use that exclude, practically and conceptually, a robust public domain and a meaningful doctrine of fair use. Contesting such efforts by focusing on the contractual nature of traditional shrinkwrap, by relying on market principles, on adhesion theory, on commercial law concepts of usage and custom, or on federal preemption doctrine, feeds …

Medicaid Managed Care And Disability Discrimination Issues, Mary Crossley

Articles

This article examines issues potentially raised under the Americans with Disabilities Act (ADA) by states' decisions whether and how to include disabled Medicaid recipients in the massive shift towards Medicaid managed care. Part II briefly examines the special issues that disabled Medicaid recipients pose with respect to managed care enrollment. These include issues of cost, quality, access, and program design and implementation. Part III describes various approaches that state programs have taken or are proposing to take with respect to the enrollment of disabled Medicaid recipients in managed care. These approaches range from simply excluding the SSI population from managed …

Migration As International Trade: The Economic Gains From The Liberalized Movement Of Labor, Howard F. Chang

All Faculty Scholarship

No abstract provided.

Access To Justice And Civil Forfeiture Reform: Providing Lawyers For The Poor And Recapturing Forfeited Assets For Impoverished Comrnunities, Louis S. Rulli

All Faculty Scholarship

No abstract provided.

Bargaining In The Shadow Of The Market: Is There A Future For Egalitarian Marriage?, Amy L. Wax

All Faculty Scholarship

No abstract provided.

Who May Give Birth To Citizens? Reproduction, Eugenics, And Immigration, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin

All Faculty Scholarship

No abstract provided.

Crime In Public Housing: Clarifying Research Issues, Jeffrey A. Fagan, Tamara Dumanovsky, J. Phillip Thompson, Garth Davies

Faculty Scholarship

In recent years, crime and public housing have been closely linked in our political and popular cultures. Tragic episodes of violence have reinforced the notion that public housing is a milieu with rates of victimization and offending far greater than other locales. However, these recent developments belie the complex social and political evolution of public housing from its origins in the 1930s, through urban renewal, and into the present.

Stereotypes abound about public housing, its management, residents, and crime rates. In reality, variation is the norm, and it is these variations that affect crime. The study of crime in public …

Declining Homicide In New York City: A Tale Of Two Trends, Jeffery Fagan, Franklin E. Zimring, June Kim

Faculty Scholarship

The mass media pay plenty of attention to crime and violence in the United States, but very few of the big stories on the American crime beat can be classified as good news. The driveby shootings and carjackings that illuminate nightly news broadcasts are the opposite of good tidings. Most efforts at prevention and law enforcement seem more like reactive attempts to contain ever expanding problems rather than discernable public triumphs. In recent American history, crime rates seem to increase on the front page and moderate in obscurity.

The recent decline in homicides in New York City is an exception …

Themes That Thread Through Society: Racism And Athletic Manifestation In The African-American Community, Keith Harrison

Dr. C. Keith Harrison

The purpose of this article is to examine and critically analyze the impact of sport in the African-American community. This critique of the social and behavioral outcomes of sport in the African-American community will include philosophical, historical, and sociological inquiry most affecting the plight of the African-American male in academics and athletics. Data on the perceptions of contemporary African-American men participating in sport in higher education will also add more support to the conclusion that race and sport are socially constructed in society.

Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

La prima conseguenza della nostra cultura giuridica dell'audizione che è anche cultura dell'oralità, del discorso e della scrittura (di tutto ciò che serve per parlare e fissare quello che può essere detto) è la volontaria atrofia degli altri sensi: il tatto, il gusto, l'olfatto e la vista. Il Diritto quasi non tocca le cose. Le concepisce mentalmente, le dice, però, anche se con i guanti deve toccare il corpo del delitto.