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Selected Works

2015

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Institution
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Articles 31 - 60 of 6953

Full-Text Articles in Law

Some Observations On The Use Of Criminal Sanctions In Enforcing Economic Regulations, Sanford Kadish Dec 2015

Some Observations On The Use Of Criminal Sanctions In Enforcing Economic Regulations, Sanford Kadish

Sanford Kadish

No abstract provided.


Mentally Ill And Non-Mentally Ill Defendants' Abilities To Understand Information Relevant To Adjudication: A Preliminary Study, Steven Hoge, Norman Poythress, Richard Bonnie, Marlene Eisenberg Dec 2015

Mentally Ill And Non-Mentally Ill Defendants' Abilities To Understand Information Relevant To Adjudication: A Preliminary Study, Steven Hoge, Norman Poythress, Richard Bonnie, Marlene Eisenberg

Norman Poythress

The legal construct of competence to stand trial, or “adjudicative competence,” is based on the premise that some mentally disordered defendants have impaired abilities when compared with most defendants and that adjudication should be barred if these competence-related abilities are significantly impaired. Where the line is drawn between sufficient and insufficient abilities has important consequences: as a result of being adjudicated incompetent, defendants may be detained and treated involuntarily and their trials will be delayed. However, no studies have systematically compared the capacities of relevant groups of defendants. In this studv. 84 criminal defendants—42 of whom were hospitalized as incompetent …


Trying To Have It Both Ways: Local Discretion, Central Control, And Adversarial Legalism In American Environmental Regulation, Robert Kagan Dec 2015

Trying To Have It Both Ways: Local Discretion, Central Control, And Adversarial Legalism In American Environmental Regulation, Robert Kagan

Robert Kagan

Compared to their counterparts abroad, US environmental regulatory regimes provide stronger rights of public participation, broader access to information concerning regulatory compliance, and easier access to the courts. These national differences are attributed to differences in governmental structure and in how regulatory responsibility is allocated among levels of government. The distinctive modes of fragmenting and checking governmental authority are cited to explain the characteristics of US environmental regulation: more detailed and complex legal requirements, and more protracted permitting processes. These procedural problems, it is argued, are not the inevitable consequences of federalism, but rather the desire to allow local and …


Abortion/Reproductive Rights, Sandra Klein Dec 2015

Abortion/Reproductive Rights, Sandra Klein

Sandra S. Klein

The issue of a woman's right to choose whether or not to continue with a pregnancy has proven to be complicated for many reasons, not the least of which is the implications for a person's right to do with her body as she sees fit. The bibliography that follows provides the researcher with an in depth look at this issue, with an emphasis on the privacy aspects.


Sanction, Philippe Nonet Dec 2015

Sanction, Philippe Nonet

Philippe Nonet

No abstract provided.


The Private Police, David Sklansky Dec 2015

The Private Police, David Sklansky

David A Sklansky

No abstract provided.


State Supreme Courts: A Century Of Style And Citation, Lawrence Friedman, Robert Kagan, Bliss Cartwright, Stanton Wheeler Dec 2015

State Supreme Courts: A Century Of Style And Citation, Lawrence Friedman, Robert Kagan, Bliss Cartwright, Stanton Wheeler

Robert Kagan

No abstract provided.


Externalizing Disorders Of Childhood And Adolescence, P.J. Frick, Eva Kimonis Dec 2015

Externalizing Disorders Of Childhood And Adolescence, P.J. Frick, Eva Kimonis

Eva Kimonis

No abstract provided.


Afterword, Phillip Johnson Dec 2015

Afterword, Phillip Johnson

Phillip Johnson

No abstract provided.


The Adoption And Implementation Of Determinate-Based Sanctioning Policies: A Critical Perspective, Gray Cavender, Michael Musheno Dec 2015

The Adoption And Implementation Of Determinate-Based Sanctioning Policies: A Critical Perspective, Gray Cavender, Michael Musheno

Michael Musheno

No abstract provided.


Dispute Resolution In China After Deng Xiaoping: Mao And Mediation Revisited, Stanley Lubman Dec 2015

Dispute Resolution In China After Deng Xiaoping: Mao And Mediation Revisited, Stanley Lubman

Stanley Lubman

Analyzes the structure and functioning of dispute resolution through extrajudicial mediation and the courts, before and after legal reform, in order to identify dominant currents and likely developments in Chinese law.


General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan Dec 2015

General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan

Robert Kagan

This research addresses the assumption that“general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such“signal cases”? (2) Does knowing about“signal cases” change firms’ compliance-related behavior? It was found that only 42 percent of respondents could identify the“signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms …


Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White Dec 2015

Outing The Madman: Fair Housing For The Mentally Handicapped And Their Right To Privacy Versus The Landlord's Duty To Warn And Protect, Frederic White

Frederic White Jr

No abstract provided.


The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan Dec 2015

The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan

Robert Kagan

No abstract provided.


Western Scholarship On Chinese Law: Past Accomplishments And Present Challenges, Stanley Lubman Dec 2015

Western Scholarship On Chinese Law: Past Accomplishments And Present Challenges, Stanley Lubman

Stanley Lubman

No abstract provided.


Media Reporting Of Jury Verdicts: Is The Tail (Of The Distribution) Wagging The Dog, Robert Maccoun Dec 2015

Media Reporting Of Jury Verdicts: Is The Tail (Of The Distribution) Wagging The Dog, Robert Maccoun

Robert MacCoun

No abstract provided.


The Warren Court And The Interstate Commerce Commission, Martin Shapiro Dec 2015

The Warren Court And The Interstate Commerce Commission, Martin Shapiro

Martin Shapiro

No abstract provided.


The Broward Mental Health Court: Process, Outcomes, And Service Utilization, Roger Boothroyd, Norman Poythress, Annette Christy, John Petrila Dec 2015

The Broward Mental Health Court: Process, Outcomes, And Service Utilization, Roger Boothroyd, Norman Poythress, Annette Christy, John Petrila

Norman Poythress

Mental health courts are one of a variety of special jurisdiction courts that have been created in a number of countries, including the United States (Petrila, 2003). While there is no prototypical mental health court (Steadman, Davidson, & Brown, 2001; Watson, Luchins, & Hanrahan, 2001), most of those in existence today share several common characteristics. These include (a) the creation of a special docket (usually, but not always, nonviolent misdemeanants with mental illness) that is (b) handled by a particular judge, with (c) a primary goal of diverting defendants from the criminal justice system and into treatment (Goldkamp & Irons-Guynn, …


Crimes And Offenses Crimes Against The Person: Amend Punishment For Any Person Who Commits The Offense Of Simple Battery Or Battery Against A Sports Official Of An Amateur Contest, David Brown Dec 2015

Crimes And Offenses Crimes Against The Person: Amend Punishment For Any Person Who Commits The Offense Of Simple Battery Or Battery Against A Sports Official Of An Amateur Contest, David Brown

David C. Brown

The Act changes two sections of the Georgia Code to impose more severe penalties on individuals convicted of battery against a sports official. The Act makes battery of an amateur sports official a misdemeanor of a high and aggravated nature.


Psychopathic Features In A Juvenile Diversion Population: Reliability And Predictive Validity Of Two Self-Report Measures, Diana Falkenbach, Norman Poythress, Kathleen Heide Dec 2015

Psychopathic Features In A Juvenile Diversion Population: Reliability And Predictive Validity Of Two Self-Report Measures, Diana Falkenbach, Norman Poythress, Kathleen Heide

Norman Poythress

The reliability and predictive validity of two experimental self-report versions of two measures of psychopathic features in youth, the Antisocial Process Screening Device (APSD: Frick & Hare, 2001) and a modified version of the Child Psychopathy Scale (CPS: Lynam, 1997) were examined in a sample of 69 arrested youth (M age¼14.4 years) referred to a juvenile diversion program. Parents or legal guardians completed parent-rating versions of the same measures. Reliability indicators for the APSD total measure were satisfactory although internal consistency indices (coefficient alpha) for the Callous/Unemotional and Impulsive/Conduct Problems scales were slightly lower than desirable. Reliability indicators for the …


Evaluation Of The Hare-Pscan In A Non-Clinical Population, Cristal Elwood, Norman Poythress, Kevin Douglas Dec 2015

Evaluation Of The Hare-Pscan In A Non-Clinical Population, Cristal Elwood, Norman Poythress, Kevin Douglas

Norman Poythress

Using 100 university undergraduates as participants, this study examined the structural reliability and construct validity of Hare and Hervé's P-SCAN (Hare & Hervé, 1999) a 90-item measure that purports to serve as an “… early warning system” or “rough screening device” (p. 1) for identifying individuals with substantial psychopathic features. Internal consistency indices (e.g. Cronbach's α, mean inter-item correlations) for the three P-SCAN subscales (Interpersonal, Affective, Lifestyle) suggested excellent reliability. Statistically significant, though modest correlations (range 0.21–0.33) were obtained in 5 of 6 comparisons with the self-report Primary psychopathy and Secondary psychopathy scales developed by Levenson, Kiehl, and Fitzpatrick (1995) …


Deliberative, Independent Technocracy V. Democratic Politics: Will The Globe Echo The E.U, Martin Shapiro Dec 2015

Deliberative, Independent Technocracy V. Democratic Politics: Will The Globe Echo The E.U, Martin Shapiro

Martin Shapiro

The article discusses the issue of technocracy and democracy as the structure of transnational administrative law. This article defines the building blocks of administrative law namely regulation, the tension between democratic control of public policy and the delegated legislation. When all of these building blocks are taken into account, future transnational regulatory regimes are likely to arise in relatively high-technology or otherwise complex spheres of activity.


From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Hollinger Dec 2015

From Coitus To Commerce: Legal And Social Consequences Of Noncoital Reproduction, Joan Hollinger

Joan Hollinger

No abstract provided.


In Praise Of Callicles, Philippe Nonet Dec 2015

In Praise Of Callicles, Philippe Nonet

Philippe Nonet

No abstract provided.


Gaining Public Interest In The Criminal Legal Process, Rosann Greenspan Dec 2015

Gaining Public Interest In The Criminal Legal Process, Rosann Greenspan

Rosann Greenspan

No abstract provided.


Some Cautious Optimism About The Problem Of Racial Profiling, David Sklansky Dec 2015

Some Cautious Optimism About The Problem Of Racial Profiling, David Sklansky

David A Sklansky

No abstract provided.


Finding Cures For Tropical Diseases: Is Open Source An Answer, Stephen Maurer, Arti Rai, Andrej Sali Dec 2015

Finding Cures For Tropical Diseases: Is Open Source An Answer, Stephen Maurer, Arti Rai, Andrej Sali

Stephen M. Maurer

No abstract provided.


Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley Lubman Dec 2015

Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley Lubman

Stanley Lubman

No abstract provided.


Fda's Consideration Of Codex Alimentarius Standards In Light Of International Trade Agreements, Lucinda Sikes Dec 2015

Fda's Consideration Of Codex Alimentarius Standards In Light Of International Trade Agreements, Lucinda Sikes

Lucinda Sikes

No abstract provided.


Cocaine, Race, And Equal Protection, David Sklansky Dec 2015

Cocaine, Race, And Equal Protection, David Sklansky

David A Sklansky

No abstract provided.