Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 15 of 15

Full-Text Articles in Law

The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard Boldt, Marc Feldman Oct 2010

The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard Boldt, Marc Feldman

Richard C. Boldt

No abstract provided.


Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt Oct 2010

Rehabilitative Punishment And The Drug Treatment Court Movement, Richard C. Boldt

Richard C. Boldt

No abstract provided.


Juristocracy In The Trenches: Problem-Solving Judges And The Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard C. Boldt, Jana B. Singer Sep 2010

Juristocracy In The Trenches: Problem-Solving Judges And The Therapeutic Jurisprudence In Drug Treatment Courts And Unified Family Courts, Richard C. Boldt, Jana B. Singer

Richard C. Boldt

This article explores the role of judges on two types of “problem-solving courts”: drug treatment courts and unified family courts. It compares the behavior these “problem-solving” judges to more traditional models of judicial behavior and to activist judging at the appellate level. The authors conclude that the judges who serve on these problem-solving courts have largely repudiated the classical judicial virtues of restraint, disinterest and modesty in favor of a more activist and therapeutic stance. However, the causes and consequences of this role-shift are complex. In particular, the authors suggest that the proliferation of problem solving courts and judges is …


Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt Sep 2010

Review Essay: Excuse Theory Through A Liberal Lens, Richard Boldt

Richard C. Boldt

This essay reviews Excusing Crime, by Jeremy Horder, Reader in Criminal Law and Tutor in Law at Worcester College, Oxford. It describes Horder’s project, which is to build a complex taxonomy of criminal law excuse practices and to use that account of “why things are as they are” to argue, on the basis of his version of liberal theory, against “the restricted range” of excuses in the UK and elsewhere. By virtue of his appreciation that some, but not all, excuses contain justificatory elements, and given his insistence that pure claims of non-responsibility are not excuses, Horder has defined a …


The Construction Of Responsibility In The Criminal Law, Richard C. Boldt Sep 2010

The Construction Of Responsibility In The Criminal Law, Richard C. Boldt

Richard C. Boldt

No abstract provided.


A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt Sep 2010

A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt

Richard C. Boldt

No abstract provided.


Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt Sep 2010

Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt

Richard C. Boldt

No abstract provided.


The Relationship Between Theory And Practice In The Study Of Punishment, Richard Boldt Sep 2010

The Relationship Between Theory And Practice In The Study Of Punishment, Richard Boldt

Richard C. Boldt

Review of "A Reader on Punishment" edited by R.A. Duff and David Garland. Oxford University Press, 1994.


Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt Sep 2010

Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt

Richard C. Boldt

No abstract provided.


The Adversary System And Attorney Role In The Drug Treatment Court Movement, Richard Boldt Sep 2010

The Adversary System And Attorney Role In The Drug Treatment Court Movement, Richard Boldt

Richard C. Boldt

No abstract provided.


A Circumspect Look At Problem-Solving Courts, Richard Boldt Sep 2010

A Circumspect Look At Problem-Solving Courts, Richard Boldt

Richard C. Boldt

No abstract provided.


Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt Sep 2010

Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt

Richard C. Boldt

No abstract provided.


Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard Boldt Sep 2010

Confidentiality Of Alcohol And Other Drug Abuse Treatment Information For Emergency Department And Trauma Center Patients, Richard Boldt

Richard C. Boldt

he diagnosis and treatment of alcohol and other drug (AOD) use disorders has for the most part been confined to a narrow band of the U.S. heath-care system. Recently, some hospital emergency departments and, especially, trauma centers have taken the lead in seeking to integrate AOD diagnosis and treatment through the adoption of screening and brief intervention protocols. The available data suggest that the practice of providing screening and either brief interventions or referrals for more intensive AOD treatment can significantly reduce re-injury rates. Despite these encouraging statistics, many trauma centers and emergency departments still do not provide these services …


The Great American Public, Mass Society, And The New Constitutional Order, Richard C. Boldt Sep 2010

The Great American Public, Mass Society, And The New Constitutional Order, Richard C. Boldt

Richard C. Boldt

No abstract provided.


The "Tomahawk" And The "Healing Balm": Drug Treatment Courts In Theory And Practice, Richard Boldt Dec 2009

The "Tomahawk" And The "Healing Balm": Drug Treatment Courts In Theory And Practice, Richard Boldt

Richard C. Boldt

More than 2,000 drug courts now operate throughout the U. S. and in a number of other countries. Hundreds of other problem-solving courts derived in one way or another from drug courts are also in operation. The data seem to indicate that drug courts increase the retention rate of clients in treatment and, for those participants who complete the program, may lead to reduced rates of either re-arrest or re-conviction relative to control groups of substance misusing offenders processed through the traditional criminal system. There is, however, considerable variation in outcome associated with offender characteristics and local institutional practice. Consequently, …