Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (404)
- University of Pennsylvania Carey Law School (398)
- Golden Gate University School of Law (379)
- Columbia Law School (338)
- Illinois State University (334)
-
- Case Western Reserve University School of Law (298)
- Washington and Lee University School of Law (295)
- American University Washington College of Law (232)
- Maurer School of Law: Indiana University (213)
- Georgetown University Law Center (205)
- Cornell University Law School (198)
- Brooklyn Law School (171)
- University of Michigan Law School (164)
- Pace University (155)
- University of Georgia School of Law (149)
- William & Mary Law School (146)
- Schulich School of Law, Dalhousie University (141)
- Roger Williams University (131)
- Boston University School of Law (127)
- University of Colorado Law School (115)
- Duke Law (107)
- Vanderbilt University Law School (102)
- Singapore Management University (96)
- Florida State University College of Law (95)
- New York Law School (90)
- Saint Louis University School of Law (85)
- Fordham Law School (78)
- The Peter A. Allard School of Law (76)
- University of Kentucky (74)
- Texas A&M University School of Law (72)
- Keyword
-
- Criminal law (770)
- Criminal Law (357)
- Death penalty (271)
- Criminal justice (268)
- Sentencing (243)
-
- Criminal procedure (227)
- Criminal Law and Procedure (212)
- Capital punishment (196)
- Punishment (192)
- Evidence (182)
- Crime (170)
- Race (116)
- Criminal (115)
- Constitutional Law (109)
- Fourth Amendment (102)
- Prosecutors (100)
- Criminal Procedure (99)
- Domestic violence (93)
- Police (90)
- Rape (85)
- Eighth Amendment (78)
- Sexual assault (77)
- Due process (74)
- International law (74)
- Crimes (73)
- Sixth Amendment (73)
- Supreme Court (73)
- Terrorism (73)
- International Criminal Court (72)
- Incarceration (71)
- Publication Year
- Publication
-
- Faculty Scholarship (1136)
- All Faculty Scholarship (579)
- Faculty Publications (328)
- Articles (309)
- Nevada Supreme Court Summaries (297)
-
- War Crimes Memoranda (259)
- Scholarly Works (257)
- Journal Articles (208)
- Articles by Maurer Faculty (206)
- Georgetown Law Faculty Publications and Other Works (195)
- Articles in Law Reviews & Other Academic Journals (188)
- Cornell Law Faculty Publications (181)
- Publications (173)
- Supreme Court Case Files (152)
- Elisabeth Haub School of Law Faculty Publications (149)
- Scholarly Articles (146)
- Articles, Book Chapters, & Popular Press (134)
- Vanderbilt Law School Faculty Publications (102)
- Scholarly Publications (95)
- Research Collection Yong Pung How School Of Law (83)
- All Faculty Publications (76)
- Articles & Chapters (70)
- Faculty Journal Articles and Book Chapters (66)
- Life of the Law School (1993- ) (64)
- Law Faculty Publications (63)
- California Agencies (61)
- Jesse Carter Opinions (58)
- Law Faculty Research Publications (57)
- Law Faculty Scholarly Articles (57)
- UIC Law Open Access Faculty Scholarship (53)
- File Type
Articles 6571 - 6600 of 7918
Full-Text Articles in Law
The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley
The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley
Scholarly Works
Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men aboard Pan …
Major Contemporary Issues In Extradition Law, Christopher L. Blakesley
Major Contemporary Issues In Extradition Law, Christopher L. Blakesley
Scholarly Works
In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.
Habeas Corpus Committee - Printed Materials, Lewis F. Powell Jr.
Habeas Corpus Committee - Printed Materials, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Faculty Publications
No abstract provided.
The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus
The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus
Faculty Publications
No abstract provided.
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …
Ex Post Facto Judicial Clarification Of A Vague Aggravating Circumstance In A Capital Punishment Statute, Kenneth S. Gallant
Ex Post Facto Judicial Clarification Of A Vague Aggravating Circumstance In A Capital Punishment Statute, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Violence As Regulation And Social Control In The Distribution Of Crack, Jeffrey A. Fagan, Ko-Lin Chin
Violence As Regulation And Social Control In The Distribution Of Crack, Jeffrey A. Fagan, Ko-Lin Chin
Faculty Scholarship
This chapter examines violence and aggression among crack and other illicit drug sellers in New York City. Few studies have addressed the origins of drug selling, specifically whether such drug violence reflects generalized violence or violent behaviors contingent on drug selling. Aggression in crack selling appears to be commonplace and severe (Goldstein et al., unpublished manuscript; Goldstein 1989; Johnson, et al. 1990; New York Times 1989b) and is the focus of this study. Aggression evident in nondrug criminality is compared for crack sellers and other seller types. If violence in drug selling is a distinct behavior that reflects the contingencies …
'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman
'Were There No Appeal': The History Of Review In American Criminal Courts, David Rossman
Faculty Scholarship
The contemporary criminal justice system is guided, in large part, from the top down. A great deal of the force that drives the "terrible engine" of the criminal law is supplied by courts that consider cases on review after a defendant has been convicted.
More Than "Slightly Retro:" The Rehnquist Court's Rout Of Habeas Corpus Jurisdiction In Teague V. Lane, James S. Liebman
More Than "Slightly Retro:" The Rehnquist Court's Rout Of Habeas Corpus Jurisdiction In Teague V. Lane, James S. Liebman
Faculty Scholarship
Someone I know, more a student of contemporary fashion than I, sometimes describes people dressed in uniformly dark clothing as "slightly retro." I am not sure of the allusion, but what I can discern leads me to think that the Supreme Court's nonretroactivity decisions beginning with Teague v. Lane are – puns aside – more than just "slightly retro."
The Court's innovation may be stated as follows: For 160 years, Congress empowered federal judges to order state officials to release or retry individuals held in custody in violation of federal law as those federal judges, and not the state officials, …
Addressing The Needs Of Attorneys For The Damned, Sean O'Brien
Addressing The Needs Of Attorneys For The Damned, Sean O'Brien
Faculty Works
This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.
Book Review, William T. Pizzi
Note, Maynard V. Cartwright: Channeling Arizona's Use Of The Heinous, Cruel Or Depraved Aggravating Circumstance To Impose The Death Penalty, Terrill Pollman
Note, Maynard V. Cartwright: Channeling Arizona's Use Of The Heinous, Cruel Or Depraved Aggravating Circumstance To Impose The Death Penalty, Terrill Pollman
Scholarly Works
“Death is qualitatively different from other punishments that can be imposed by the state.” Recognition of this disturbing conclusion led to the heightened scrutiny demonstrated in a series of United States Supreme Court rulings beginning with Furman v. Georgia, which set forth the constitutionally acceptable range of discretion that a judge or jury may use in imposing the death penalty. States have attempted to bring their statutes within the Furman v. Georgia range by articulating aggravating circumstances that warrant the imposition of the death penalty. One controversial circumstance that many states employ permits a capital sentence where the offense …
It Does The Crime But Not The Time: Corporate Criminal Liability In Federal Law, Michael E. Tigar
It Does The Crime But Not The Time: Corporate Criminal Liability In Federal Law, Michael E. Tigar
Faculty Scholarship
No abstract provided.
How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch
How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch
Faculty Scholarship
The title of this paper asks what appears to be a simple and important question: Just how much does the availability of extensive private civil remedies for violation of the RICO statute add to the effort to ensure compliance with the norms of criminal law? These remarks address only civil RICO actions by private plaintiffs. The once-rare, but increasingly frequent, civil RICO actions brought by the United States present very different issues. This question is, of course, only a part of any assessment of the value of civil RICO. One may conclude that civil RICO is of little or no …
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
Faculty Works
No abstract provided.
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Tape Recording Conversations - Is It Ethical For Attorneys?, Charles W. Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
Rules Of Conduct And Principles Of Adjudication, Paul H. Robinson
All Faculty Scholarship
In this article I will show why our legal system's rules of conduct are presently unclear, how the system arrived at its current state, and what can be done to make the rules of conduct clearer. My arguments and conclusions are, in brief, as follows: The criminal law fails to communicate clear rules of conduct because it fails to distinguish this communicative function from that of adjudicating violations of the rules, which requires primarily an assessment of the blameworthiness of the violator. These two functions - announcing public rules of conduct and assessing individual blame in adjudication of a violation …
"Carrot And Stick" Sentencing: Structuring Incentives For Organizational Defendants, John C. Coffee Jr.
"Carrot And Stick" Sentencing: Structuring Incentives For Organizational Defendants, John C. Coffee Jr.
Faculty Scholarship
The new "Draft Guidelines for Organizational Defendants" released by the U.S. Sentencing Commission on October 25, 1990, explicitly adopt a "'carrot and stick' approach" to sentencing. While the boldly instrumental use made of sentencing penalties and credits in these guidelines will trouble some, the larger question is whether the Commission's social engineering will work. Two issues stand out: First, is the Commission's carrot mightier than its stick? At first glance, this may seem a surprising question because the "stick" in the Commission's guidelines seemingly packs a Ruthian wallop: fines under the draft guidelines are based on a multiple of the …
What's Next?: The Future Of Rico, G. Robert Blakey, John C. Coffee, Paul E. Coffey, L. Gordon Crovitz
What's Next?: The Future Of Rico, G. Robert Blakey, John C. Coffee, Paul E. Coffey, L. Gordon Crovitz
Journal Articles
Editor's Note: After the presentation of the articles, the symposium concluded with a structured debate and an open discussion. The participants in the debate were Professor Blakey and Mr. Crovitz. The ensuing discussion was moderated by Professor Coffee and featured Professor Blakey, Mr. Coffey, and Mr. Crovitz, as well as questions from the audience. The edited transcript is presented here.
An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform: Mother Of God - Is This The End Of Rico?, George Robert Blakey Professor, Thomas A. Perry
An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform: Mother Of God - Is This The End Of Rico?, George Robert Blakey Professor, Thomas A. Perry
Journal Articles
In 1970 Congress enacted the Organized Crime Control Act, Title IX of which is known as the Racketeer Influenced and Corrupt Organizations Act, or RICO. At first, the Department of Justice moved slowly to use RICO in criminal prosecutions. Today, RICO is the prosecutor's tool of choice in organized crime, political corruption, white-collar crime, terrorism, and neo-Nazi and anti-Semitic hate group prosecutions. The Department of Justice also is implementing the civil provisions of the Act. The private bar did not begin to bring civil RICO suits until about 1975. When it did, a firestorm of controversy broke out, and today …
Foreword: Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel
Foreword: Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel
Articles by Maurer Faculty
No abstract provided.
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
In this Article I provide an economic analysis of criminal law as a preference-shaping policy. I argue that in addition to creating disincentives for criminal activity, criminal punishment is intended to promote various social norms of individual behavior by shaping the preferences of criminals and the population at large. By taking into account this preference-shaping function, I explain many of the characteristics of criminal law that have heretofore escaped the logic of the economic model. It is also the preference-shaping function and the prerequisite ordering of preferences that distinguish criminal law from tort law. My analysis suggests that society will …
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
Greffe: A Section 8 Triumph Or A Thorn In The Side Of Law Enforcement, Alan N. Young
Greffe: A Section 8 Triumph Or A Thorn In The Side Of Law Enforcement, Alan N. Young
Articles & Book Chapters
This article concerns the constitutionality of drug enforcement laws in the context of R. v. Greffe.
A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch
A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch
Faculty Scholarship
RICO is nearing its twentieth birthday, but it may not be a happy one. In fact, 'tis the season for critics of RICO to be, if not jolly, at least highly active. A House subcommittee and the Senate Judiciary Committee have held hearings on RICO reform, the popular and business press has published numerous debates and criticisms involving fairly arcane points of civil and criminal law, scholars and lawyers have filled law reviews and legal newspapers with articles often critical of the statute, and the pressure has been building for statutory changes.
As the pressure for change has intensified, and …
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Faculty Scholarship
Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …
Intoxication And Aggression, Jeffrey Fagan
Intoxication And Aggression, Jeffrey Fagan
Faculty Scholarship
Evidence of an association between use of illicit substances and aggressive behavior is pervasive. But the precise causal mechanisms by which aggression is influenced by intoxicants are still not well understood. Research on intoxication and aggression often has overlooked the nonviolent behavior of most substance users, controlled use of substances, and the evidence from other cultures of a weak or nonexistent relation between substance use and aggression. There is only limited evidence that ingestion of substances is a direct, pharmacological cause of aggression. The temporal order of substance use and aggression does not indicate a causal role for intoxicants. Research …
Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschens
Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschens
Faculty Scholarship
The selection of jurisdiction for adjudicating juvenile crime today is one of the most controversial debates in crime control policy, reflecting differences in assumptions about the causes of crime and philosophies of jurisprudence and punishment. For adolescent offenders, especially violent youth whose behaviors may pose particular social danger, critics view the traditional goals of the juvenile court and the "best interests of the child" standard as being at odds with public concerns for retribution and incapacitation of criminals. The choice between jurisdictions is a choice between the nominally rehabilitative dispositions of the juvenile court and the explicitly punitive dispositions of …
What's Next?: The Future Of Rico, G. Robert Blakey, John C. Coffee Jr., Paul E. Coffey, L. Gordon Crovitz
What's Next?: The Future Of Rico, G. Robert Blakey, John C. Coffee Jr., Paul E. Coffey, L. Gordon Crovitz
Faculty Scholarship
Opening Statement of Mr. Crovitz: Coming to the Notre Dame Law School to debate Robert Blakey on the Racketeer Influenced and Corrupt Organizations law makes me feel like Daniel approaching the lion's den. I'm tempted to offer my own prayer, "Yea, though I walk through the valley of the shadow of death, I will fear no RICO."