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Full-Text Articles in Law
Miranda In Comparative Law, Stephen C. Thaman
Miranda In Comparative Law, Stephen C. Thaman
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Not only have the Miranda warnings become a recognized procedure in police interrogations in the United States, but they have been adopted or strengthened over the years in formerly inquisitorial countries like Germany, Italy, Spain and most recently France, and are now recognized as having constitutional status. This article discusses the protections afforded to criminal suspects and defendants overseas when faced with interrogation by police, prosecutors, investigating magistrates or judges of the investigation. It compares the admonitions given to such suspects with those provided in the Miranda decision and discusses their constitutional, or statutory status. It further discusses when such …
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
Comparative Criminal Law And Enforcement: Russia, Stephen C. Thaman
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This chapter assesses criminal law and enforcement in Russia. It addresses the history of the Russian criminal justice system and its reform, as well as Russia’s criminal procedure and substantive criminal law.
Dealing With Conflicts Of Interest In Biomedical Research: Irb Oversight As The Next Best Solution To The Abolitionist Approach, Jesse Goldner
Dealing With Conflicts Of Interest In Biomedical Research: Irb Oversight As The Next Best Solution To The Abolitionist Approach, Jesse Goldner
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The author details the conflicts of interest facing individual investigators and research institutions and describes the current mechanisms, primarily focused at the relationship between the investigator and the research institution, to regulate these conflicts. The author finds these mechanisms insufficient and believes that the best approach is not to regulate conflicts, but to abolish them. The author acknowledges, however, that there is a lack of political will in an abolitionist approach. He proposes, therefore, institutional review board oversight at the level of the relationship between researcher and individual subjects as the next best solution.
Questions Of Fact And Law In Russian Jury Trials: The Practice Of The Cassational Courts Under The Jury Laws Of 1864 And 1993, Stephen C. Thaman
Questions Of Fact And Law In Russian Jury Trials: The Practice Of The Cassational Courts Under The Jury Laws Of 1864 And 1993, Stephen C. Thaman
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This article addresses the question of fact and law in Russian jury trials, specifically the practice of the Cassational Courts under the jury laws of 1864 and 1993. It discusses the general structure of the question lists, what the jury’s finding of guilt actually entails, if mental state and aggravating circumstances are questions of law or fact, and the question of jury nullification. It also provides an assessment of the jurisprudence of the Cassational Panel of the Supreme Court of the Russian Federation.
Securities Fraud In Cyberspace: Reaching The Outer Limits Of The Federal Securities Laws, Constance Z. Wagner
Securities Fraud In Cyberspace: Reaching The Outer Limits Of The Federal Securities Laws, Constance Z. Wagner
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This article discusses the increasing use of the Internet for securities transactions, the growth of securitiesfraud perpetrated through that medium and the Securities and Exchange Commission (“SEC”) enforcement program initiated to combat it. The author critiques the position taken by the SEC that the existing anti-fraudprovisions of the federal securities laws can be stretched to cover Internet fraud. Using an enforcement action brought by the SEC against an online stock trading guru named Tokyo Joe as an example of the confused jurisprudence that results when pre-cyberspace law is applied to securities fraud in cyberspace, the author proposes a different regulatory …