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Articles 9031 - 9060 of 9074
Full-Text Articles in Law
Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira Robbins
Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation, vol. III. By 4leksandr Z Solzhenitsyn. Translated from the Russian by Harry Willetts. New York: Harper & Row. 1978. Pp. x, 558. $16.95.
Solipsism And Criminal Liability, Ira Robbins
Solipsism And Criminal Liability, Ira Robbins
Scholarly Articles in Law Reviews & Journals
A viable legal system and a free society can endure and progress only by continuing to debate fundamental principles. Thus, often it is useful to return to underlying precepts in order to refine and comprehend more fully the contemporary state of knowledge. This article posits the case of the solipsist-one who denies the existence of all physical reality and maintains that his own ego alone exists-as a criminal defendant. Others, most notably Professor Lon L. Fuller, have expounded upon the manifold ways in which certain harsh necessities, externally impose upon common people, can test the rules of the criminal law. …
The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins
The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit …
Apportioning Receipts From Wasting Assets Under The Uniform Laws: A Proposal For Legislative Reform., Evelyn Abravanel
Apportioning Receipts From Wasting Assets Under The Uniform Laws: A Proposal For Legislative Reform., Evelyn Abravanel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Employer Sanctions And Other Labor Market Restrictions On Alien Employment: The Scorched Earth Approach To Immigration Control, Juan E. Mendez
Employer Sanctions And Other Labor Market Restrictions On Alien Employment: The Scorched Earth Approach To Immigration Control, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins
The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
No abstract provided.
A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …
A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler
A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Scholarly Articles in Law Reviews & Journals
Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins
Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno
Scholarly Articles in Law Reviews & Journals
In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …
Collective Ratemaking: A Case Analysis Of The Eastern Central Region And An Hypothesis For Analysing Competitive Structure, Andrew Popper
Collective Ratemaking: A Case Analysis Of The Eastern Central Region And An Hypothesis For Analysing Competitive Structure, Andrew Popper
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins
Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira Robbins
Scholarly Articles in Law Reviews & Journals
The 1960's marked a watershed for the criminal justice system. In such areas as search and seizure, right to counsel and the privilege against self-incrimination, the federal courts first defined substantive constitutional rights and then imposed them upon disinclined functionaries at the state level. At first, these innovations raised thorny questions of constitutional interpretation about the rights involved, but, as is especially visible in the search and seizure area, the debate more recently has focused on the remedy chosen by the Supreme Court for enforcing these rights against the states.' This pattern of escalating federal involvement in the criminal justice …
'Learning By Redoing' A Review Of Andrew Von Hirsch's Doing Justice: The Choice Of Punishments, Ira P. Robbins
'Learning By Redoing' A Review Of Andrew Von Hirsch's Doing Justice: The Choice Of Punishments, Ira P. Robbins
Book Reviews
No abstract provided.
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Judicial Integrity, The Appearance Of Justice, And The Great Writ Of Habeas Corpus: How To Kill Two Thirds (Or More) With One Stone, Ira Robbins, James Sanders
Judicial Integrity, The Appearance Of Justice, And The Great Writ Of Habeas Corpus: How To Kill Two Thirds (Or More) With One Stone, Ira Robbins, James Sanders
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson, C. Dienes, Michael Musheno
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson, C. Dienes, Michael Musheno
Scholarly Articles in Law Reviews & Journals
This two-part article reports on the findings of the "prescriptive" phase of the American University Law School's Project on Public Inebriation.' First, we provide a framework or model designed to contribute to efforts to improve the rationality of police discretion and the quality of discretionary justice. Second, we seek to increase understanding of, and provide the basis for improving, the intake process whereby public inebriates are delivered to designated facilities-jails, detoxification centers, etc.-in criminal and decriminalized jurisdictions. While the article focuses on the discretionary power of police officers to remove street inebriates, it should increase awareness of problems of decriminalizing …
In The Matter Of Consumers Power: Applying The Antitrust Laws To The Nuclear Electric Utility Industry, Andrew Popper
In The Matter Of Consumers Power: Applying The Antitrust Laws To The Nuclear Electric Utility Industry, Andrew Popper
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Book Review: Brothers Of Gulag, Ira Robbins
Book Review: Brothers Of Gulag, Ira Robbins
Book Reviews
Review of The Gulag Archibelago 1918-1956: An Experiment in Literary Investigation, Volume II. By Alexsandr I. Solzhenitsyn. Translated from the Russian by Thomas P. Whitney. Harper & Row, 1975, Pp. v, 712.
The Change-Mistake Rule And Zoning In Maryland, Barlow Burke
The Change-Mistake Rule And Zoning In Maryland, Barlow Burke
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Zoning ordinances enacted under state enabling laws and home rule charters of municipalities are customarily entitled to a presumption that they were validly enacted, are within the powers delegated to the locality by the state, and are reasonable in effect. This presumption makes an exercise of the zoning power more easily defensible; one attacking the ordinance must show that it was passed incorrectly, or is beyond the scope of municipal authority, or is unreasonable, capricious or arbitrary in effect. Zoning officials have possessed this initial advantage in any litigation since the landmark decision of Village of Euclid v. Ambler …
The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow Burke
The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow Burke
Scholarly Articles in Law Reviews & Journals
Recent studies of American conveyancing have shown a tendency to compartmentalize the process of land transfer into stages: finding a property, financing its acquisition, proving title to it, and closing the transaction. This certainly helps clarify descriptive studies, but it diverts attention from the deficiencies in the existing process. The stages outlined are too neat and lack a sense of continuity. For example, between the finding and the closing stages lie the drafting and execution of a contract of sale, escrow instructions, a mortgage, and finally a deed. In negotiating the terms of these documents, one of the deficiencies found …
Pro Se Litigation - Litigating Without Counsel: Faretta Or For Worse, Ira P. Robbins, Susan Herman
Pro Se Litigation - Litigating Without Counsel: Faretta Or For Worse, Ira P. Robbins, Susan Herman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Transnational Conveyancing, Barlow Burke
Transnational Conveyancing, Barlow Burke
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Preferences In Public Employment, Robert Vaughn
Preferences In Public Employment, Robert Vaughn
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Open and competitive examination is generally perceived as the surest method of ensuring that public employees are selected on the basis of their merit and ability. Since the Pendleton Act of 1883, legislation has continually attempted to implement the view that efficient and impartial public sector employment requires that qualifications be demonstrated in an objective examination. But blacks, women and other minorities have been systematically excluded from public employment. This exclusion has resulted not only from bias in the examination, but also from other less visible aspects of the appointment process which supplant strict merit selection.
The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins
The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Modernizing Title Search Practices By Legislation, Barlow Burke
Modernizing Title Search Practices By Legislation, Barlow Burke
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Recently the Pennsylvania Bar Association has encouraged its committees on Real Property matters to consider a variety of legislative devices to enable lawyers to search real estate titles more efficiently. The problem of efficiency in title searches is not new nor is it peculiar to Pennsylvania. Perhaps it is true that the states in the union with a colonial past have longer chains of titles to search, but the present volume of conveyancing transactions burdens the record of deeds offices in almost all large urban areas. Land title record offices there are being buried under a deluge of paper. …
A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson
A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.