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Articles in Law Reviews & Other Academic Journals

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Articles 1681 - 1710 of 1732

Full-Text Articles in Law

An Administrative Law Perspective On Consensual Decisionmaking, Andrew Popper Jan 1983

An Administrative Law Perspective On Consensual Decisionmaking, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.


International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman Jan 1982

International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Rights Of Aliens In The 1980'S, Juan E. Mendez Jan 1982

The Rights Of Aliens In The 1980'S, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Some Patterns Of Violation Of The Independence Of Judges And Lawyers, Juan E. Mendez Jan 1982

Some Patterns Of Violation Of The Independence Of Judges And Lawyers, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Legal Aspects Of Prison Riots, Ira Robbins Jan 1982

Legal Aspects Of Prison Riots, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement."When such a bomb detonates and a prison riot erupts, a …


Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts Jan 1982

Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts

Articles in Law Reviews & Other Academic Journals

No abstract provided.


When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi Apr 1981

When Works Collide: Derivative Motion Pictures, Underlying Rights, And The Public Interest, Peter Jaszi

Articles in Law Reviews & Other Academic Journals

Dramatic motion pictures' are prime examples of what copyright law terms "derivative works' because they are almost invariably based upon one or more prior works. Derivative works are so-called because they borrow from original works whether or not those works are in the same media. The universe of derivative works is broad. It encompasses everything from stuffed toys representing cartoon characters to translations of serious-minded literature.


Federal Administrative Law Judges: A Focus On Our Invisible Juridicary, Jeffrey Lubbers Jan 1981

Federal Administrative Law Judges: A Focus On Our Invisible Juridicary, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher Jan 1981

Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Unified Corps Of Aljs: A Proposal To Test The Idea At The Federal Level, Jeffrey Lubbers Jan 1981

A Unified Corps Of Aljs: A Proposal To Test The Idea At The Federal Level, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira Robbins Mar 1980

Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira Robbins

Articles in Law Reviews & Other Academic 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.


Employer Sanctions And Other Labor Market Restrictions On Alien Employment: The Scorched Earth Approach To Immigration Control, Juan E. Mendez Jan 1980

Employer Sanctions And Other Labor Market Restrictions On Alien Employment: The Scorched Earth Approach To Immigration Control, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins Jan 1980

The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins

Articles in Law Reviews & Other Academic 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 receipt …


Apportioning Receipts From Wasting Assets Under The Uniform Laws: A Proposal For Legislative Reform., Evelyn Abravanel Jan 1980

Apportioning Receipts From Wasting Assets Under The Uniform Laws: A Proposal For Legislative Reform., Evelyn Abravanel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Solipsism And Criminal Liability, Ira Robbins Jan 1980

Solipsism And Criminal Liability, Ira Robbins

Articles in Law Reviews & Other Academic 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 Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins Jan 1980

The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins Oct 1978

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Articles in Law Reviews & Other Academic 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 …


Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins Jan 1978

Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins

Articles in Law Reviews & Other Academic 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 Jan 1978

Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson , C. Dienes, Michael Musheno

Articles in Law Reviews & Other Academic 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 Jan 1978

Collective Ratemaking: A Case Analysis Of The Eastern Central Region And An Hypothesis For Analysing Competitive Structure, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson Jan 1978

Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson

Articles in Law Reviews & Other Academic 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 Jan 1978

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins Jan 1978

Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler Jan 1978

A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler

Articles in Law Reviews & Other Academic 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 May 1977

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

Articles in Law Reviews & Other Academic 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 …


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 Jan 1977

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

Articles in Law Reviews & Other Academic 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 Jan 1977

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

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson Jan 1977

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


In The Matter Of Consumers Power: Applying The Antitrust Laws To The Nuclear Electric Utility Industry, Andrew Popper Jan 1977

In The Matter Of Consumers Power: Applying The Antitrust Laws To The Nuclear Electric Utility Industry, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson , C. Dienes, Michael Musheno Jan 1977

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson , C. Dienes, Michael Musheno

Articles in Law Reviews & Other Academic 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 …