Law Commons^™

The Law As A Path To The World, Francis A. Allen

Michigan Law Review

Many years ago the late Mr. Justice Oliver Wendell Holmes observed: "The law is a small subject (though ... it leads to all things) .... " The comments that follow are an elaboration of Justice Holmes's theme. It will be asserted that one characteristic of legal studies, properly pursued, is that they lead to a fuller understanding of the larger world of which the law and its institutions are a part. Because the law leads to a larger world of persons, events, and ideas, it claims the attention even of those possessing no interest in acquiring professional legal skills. This …

Truth By Ordeal: The Growing Acceptance Of Polygraphy, William E. Ploss

Florida State University Law Review

No abstract provided.

United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.

BYU Law Review

No abstract provided.

Electronic Visual Surveillance And The Right Of Privacy: When Is Electronic Observation Reasonable?

Washington and Lee Law Review

No abstract provided.

Calculation Of Time Credits For Texas Prisoners., Deborah A. Becker

St. Mary's Law Journal

Abstract Forthcoming.

Forfeiture By Guilty Plea--A Reply, Peter Westen

Michigan Law Review

I will begin by describing what I think Professor Saltzburg and I both mean by a ''legal theory." I then apply that standard to test the validity of the two theories at issue here, first Professor Saltzburg's, then mine. I next discuss a third theory that is independent of both Professor Saltzburg's and mine, viz., that whether a constitutional claim survives a guilty plea depends on whether it is ''jurisdictional." Finally, I comment generally on the concept of forfeiture and its influence on the way one conceives of constitutional rights.

Pleas Of Guilty And The Loss Of Constitutional Rights: The Current Price Of Pleading Guilty, Stephen A. Saltzburg

Michigan Law Review

This Article proposes the same basic rule as Westen's to explain the Supreme Court's decisions, but for very different reasons which require several modifications of the Westen rule. I argue that all the guilty-plea cases, properly viewed, are consistent with, and therefore can be read as evidence of, a theory more easily applied than articulated by the Court: that some constitutional rights are largely premised on notions of litigation avoidance, that their "avoidance" rationales must be respected, and that these rights therefore prevent governments from establishing procedural rules that force criminal defendants to go to trial-to choose more rather than …

An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow

Florida State University Law Review

No abstract provided.

The Lawyer And The Terrorist: Another Ethical Dilemma, F. Thomas Schornhorst

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

Journalists And Terrorism: Captives Of The Libertarian Tradition, Walter B. Jaehnig

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

Television And Terrorism: Professionalism Not Quite The Answer, Herbert A. Terry

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

Terrorism And The Media: Legal Responses (Introduction), Patrick Baude

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk

Florida State University Law Review

No abstract provided.

International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

Presumptive Possession Of Weapons: New York's Controversial Statute, Murray N. Caplan

Buffalo Law Review

No abstract provided.

Particularity And Precision In Texas Indictments And Informations: What Is Fundamental Defect., David Weiner

St. Mary's Law Journal

Abstract Forthcoming.

Due Process Not Violated When Prosecutor Carries Out Threat To Reindict Accused On More Serious Charges After Plea Bargain On Original Charge Is Refused., Mary Byrd Hover

St. Mary's Law Journal

Abstract Forthcoming.

Individual Liability Of Agents For Corporate Crimes Under The Proposed Federal Criminal Code, Stephen D. Goodwin

Vanderbilt Law Review

In discussing the contours of individual liability under section 403, this Note has not attempted to criticize the section's draftsmanship or counsel against its adoption. The philosophy of liability reflected in section 403 wisely avoids the imposition of vicarious liability on corporate officials. The defendant's personal misconduct, failure to act, or reckless failure to supervise invoke the sanctions of the provisions. In addition, subsections (b) and (c) provide a theoretical underpinning for punishing omissions that is preferable to the indicia of artificial "participation" relied upon in former state and federal cases.

This Note has also attempted to establish some limitations …

Constitutional Law-Fair Warning Of Retroactive Law Is Sufficient Compliance With The Ex Post Facto Clause-Do B Bert V. Florida

BYU Law Review

No abstract provided.

The Law Reform Commission Of Canada, Barnes And Marlin, And The Value-Consensus Model: More About Ideology, M. R. Goode

Dalhousie Law Journal

Barnes and Marlin have attacked the original paper written by me about the Law Reform Commission of Canada and the ideology of criminal process reform. The discussion which follows is not limited to being my response to their response: such a discussion would be fruitless and introverted to the point of boredom. Thus, although some of the discussion begins with Barnes and Marlin, it is not intended to end there, for indeed Barnes and Marlin have not really discussed much of the original comment at all. Their paper contains some discussion of the notion of consensus although, it is submitted, …

Right Of Privacy—Fornication Statute Held Unconstitutional—State V. Saunders, Lawrence M. Ross

Buffalo Law Review

No abstract provided.

Racketeers And Non-Racketeers Alike Should Fear Florida's Rico Act, Raymer F. Maguire Iii

Florida State University Law Review

No abstract provided.

Misrepresentation In Indiana: What Hath Fraud Wrought?, Daniel C. Emerson

Indiana Law Journal

No abstract provided.

Criminal Law-Comprehensive Drug Abuse Prevention And Control Act Of 1970-Persons Who Acquire Joint Possession Of Controlled Substance For Illegal Personal Use Are Not Guilty Of Felonious Possession With "Intent To Distributev-United States V. Swiderski

BYU Law Review

No abstract provided.

Iv. Criminal Law

Washington and Lee Law Review

No abstract provided.

Vasap: A Rehabilitation Alternative To Traditional Dwi Penalties

Washington and Lee Law Review

No abstract provided.

Reflections On Opposing The Penalty Of Death., Charles L. Black Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Vicarious Liability Requires A Finding Of Capital Murder When A Nonfelon Kills A Peace Officer In Response To A Felon's Lethal Provocation., Janis E. Baldwin

St. Mary's Law Journal

Abstract Forthcoming.

State-Induced Error Of Law, Criminal Liability And Dunn V. The Queen: A Recent Non-Development In Criminal Law, Terence Arnold

Dalhousie Law Journal

Like other contributors to this Nova Scotia issue of the Law Journal I was asked to comment upon any interesting developments, whether in cases or legislation, that had occurred in a particular area of law, in my case criminal law, since the time of the last "round-up". 1 When I began I intended to do as I had been asked; and there were, indeed, a number of matters which I felt to be worthy of comment. 2 1 was waylaid, however. I came across a case in which the Appeal Division of the Nova Scotia Supreme Court took a position …

Racketeer Influenced And Corrupt Organizations, 18 U.S.C. 1961-68: Broadest Of The Federal Criminal Statutes, Jeff Atkinson

Journal of Criminal Law and Criminology

No abstract provided.