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Articles 1 - 18 of 18
Full-Text Articles in Law
The Conspiracy Origin Of The First Amendment, Steven R. Morrison
The Conspiracy Origin Of The First Amendment, Steven R. Morrison
Steven R Morrison
Scholars and jurists have misunderstood the import of three seminal 1919 First Amendment cases—Schenck v. United States, Frohwerk v. United States, and Abrams v. United States—as primarily free speech cases. They are better understood as free assembly cases. This is important for two reasons. First, individuals’ speech has the intended First Amendment effect only when speakers combine into groups. Second, the 1919 cases were the beginning of substantive First Amendment law, and so have resulted in a First Amendment jurisprudence that favors individual rights over group rights. This is a constitutional and normative mistake. Combined with the first reason, the …
Requiring Dangerousness: An Idea Whose Time Has Come (Again), Steven R. Morrison
Requiring Dangerousness: An Idea Whose Time Has Come (Again), Steven R. Morrison
Steven R Morrison
It is overwhelmingly assumed that criminal conspiracies pose a “distinct evil,” which justifies criminalizing them and providing prosecution-friendly rules of evidence in their proof. Professor Neal Kumar Katyal’s excellent defense of conspiracy law rests on this assumption, but Professor Abraham S. Goldstein’s seminal critique notes that it has never been empirically shown to be true. This Article rejects the distinct evil assumption by showing how Katyal’s and Goldstein’s respective frames lead to their divergent conclusions. It argues that to satisfy both commentators’ legitimate concerns, conspiracies must be shown to be dangerous before criminal liability can attach. This requirement was included …
Terrorism Online: Is Speech The Same As It Ever Was?, Steven R. Morrison
Terrorism Online: Is Speech The Same As It Ever Was?, Steven R. Morrison
Steven R Morrison
Abstract to “Terrorism Online: Is Speech the Same as It Ever Was?” By Steven R. Morrison Like all of us, terrorists now use the Internet for many purposes. It is commonly believed that planning operations, fundraising, and recruitment are the three main ways that terrorists take advantage of online communication. While it is clear that speech related to the first two can be prohibited, online recruitment speech may be protected under the First Amendment. As a result, a number of commentators have been concerned at online recruitment and the fact that our current speech rules may not be adequate to …
Toward A History Of American Criminal Law Theory, Steven R. Morrison
Toward A History Of American Criminal Law Theory, Steven R. Morrison
Steven R Morrison
Abstract to “Toward a History of American Criminal Law Theory” By Steven R. Morrison This article describes the author’s formulation of the Field of Truth. The Field of Truth is a theoretical concept that does two things. First, it is designed to facilitate the study of the historical progress of American criminal law theory. It is a structure that is neutral, because it does not evaluate the merits of any particular theory and does not limit its reach to modes of thought generally accepted by scholars as “theory.” Therefore, the structure encompasses all ideas that have affected the criminal law. …
Compassion And The Trial Lawyer, Steven R. Morrison
Compassion And The Trial Lawyer, Steven R. Morrison
Steven R Morrison
No abstract provided.
Compassion And The Criminal Defense Attorney, Steven R. Morrison
Compassion And The Criminal Defense Attorney, Steven R. Morrison
Steven R Morrison
No abstract provided.
The Fourth Amendment’S Applicability To Residents Of Homeless Shelters, Steven R. Morrison
The Fourth Amendment’S Applicability To Residents Of Homeless Shelters, Steven R. Morrison
Steven R Morrison
The extent to which residents of homeless shelters are protected by the Fourth Amendment in these shelters is an unsettled question of law because virtually no case law exists to establish or define this protection. Shelters are homes to homeless persons, and homeless persons are often quite vulnerable and in need of the security that well-defined Fourth Amendment jurisprudence provides. This article, therefore, examines the extent to which homeless persons should enjoy Fourth Amendment protections in homeless shelters. It applies settled Fourth Amendment law, conceptual approaches to the Fourth Amendment, and judicial opinions dealing with the Fourth Amendment and homeless …
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, Steven R. Morrison
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, Steven R. Morrison
Steven R Morrison
This article examines the federal False Statements Act, 18 U.S.C. § 1001(a)(2), from the standpoints of judicial interpretation, the law’s history, legislative history and congressional intent, public policy, and criminal law theory. It concludes that the dominant judicial interpretations do not accord with congressional intent to create a limited and targeted law. The statute as interpreted is extraordinarily broad such that it should be—but has not been and probably won’t be—declared unconstitutionally vague. Whether the law is unconstitutional or not, as interpreted it does not support wise public policy nor does it accord with dominant theories of criminal law. This …
Creating Sex Offender Registries: The Religious Right And The Failure To Protect Society’S Vulnerable, Steven R. Morrison
Creating Sex Offender Registries: The Religious Right And The Failure To Protect Society’S Vulnerable, Steven R. Morrison
Steven R Morrison
Abstract: “Creating Sex Offender Registries: The Religious Right and the Failure to Protect Society’s Vulnerable” By Steven R. Morrison This article argues that sex offender registry and notification acts (SORNAs) fail to protect those in society who are likely victims of sex crimes. These laws fail to protect these potential victims because they emerged as a result of the rise of the Religious Right, and so answer to the imperatives not of public safety, but of conservative religious sexual norms. The claim that SORNAs fail to protect potential victims has been made before. This article adds to the scholarship by …
Toward A New Confessions Test: Replacing Voluntariness With Power, Steven R. Morrison
Toward A New Confessions Test: Replacing Voluntariness With Power, Steven R. Morrison
Steven R Morrison
No abstract provided.
Will To Power, Will To Reality, And Racial Profiling: How The White Male Dominant Power Structure Creates Itself As Law Abiding Citizen Through The Creation Of Black As Criminal, Steven R. Morrison
Will To Power, Will To Reality, And Racial Profiling: How The White Male Dominant Power Structure Creates Itself As Law Abiding Citizen Through The Creation Of Black As Criminal, Steven R. Morrison
Steven R Morrison
No abstract provided.
Dehumanization And Re-Creation: A Lacanian Interpretation Of The Federal Sentencing Guidelines, Steven R. Morrison
Dehumanization And Re-Creation: A Lacanian Interpretation Of The Federal Sentencing Guidelines, Steven R. Morrison
Steven R Morrison
No abstract provided.
Latvia: History, Steven R. Morrison, J. Michael Lyons
Latvia: History, Steven R. Morrison, J. Michael Lyons
Steven R Morrison
No abstract provided.
Latvia: The Economy, Steven R. Morrison
Latvia: History, J. Michael Lyons, Steven R. Morrison
Latvia: History, J. Michael Lyons, Steven R. Morrison
Steven R Morrison
No abstract provided.
Latvia: The Economy, Steven R. Morrison
Latvia: The Economy, Steven R. Morrison
Latvia: History, J. Michael Lyons, Steven R. Morrison
Latvia: History, J. Michael Lyons, Steven R. Morrison
Steven R Morrison
No abstract provided.