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Articles 1 - 30 of 43

Full-Text Articles in Law

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts Apr 1990

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Separation Of Powers--The Federal Sentencing Commission: Unconstitutional Delegation And Threat To Judicial Impartiality, Lisa G. Esayian Jan 1990

Separation Of Powers--The Federal Sentencing Commission: Unconstitutional Delegation And Threat To Judicial Impartiality, Lisa G. Esayian

Journal of Criminal Law and Criminology

No abstract provided.


Fourth Amendment--The Reasonableness Of Suspicionless Drug Testing Of Railroad Employees, Heidi P. Mallory Jan 1990

Fourth Amendment--The Reasonableness Of Suspicionless Drug Testing Of Railroad Employees, Heidi P. Mallory

Journal of Criminal Law and Criminology

No abstract provided.


Fourth Amendment--Using The Drug Courier Profile To Fight The War On Drugs, Steven K. Bernstein Jan 1990

Fourth Amendment--Using The Drug Courier Profile To Fight The War On Drugs, Steven K. Bernstein

Journal of Criminal Law and Criminology

No abstract provided.


Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel Jan 1990

Structuring Sentencing Discretion: The New Federal Sentencing Guidelines, Ilene H. Nagel

Journal of Criminal Law and Criminology

No abstract provided.


Fifth Amendment--Affording Society's Interest Greater Protection In Double Jeopardy Analysis, John J. Jr. Sikora Jan 1990

Fifth Amendment--Affording Society's Interest Greater Protection In Double Jeopardy Analysis, John J. Jr. Sikora

Journal of Criminal Law and Criminology

No abstract provided.


Errata Jan 1990

Errata

Journal of Criminal Law and Criminology

No abstract provided.


Sixth Amendment--Applicability Of Right To Counsel Of Choice To Forfeiture Of Attorneys' Fees Jan 1990

Sixth Amendment--Applicability Of Right To Counsel Of Choice To Forfeiture Of Attorneys' Fees

Journal of Criminal Law and Criminology

No abstract provided.


Fourtheenth Amendment--Police Failure To Preserve Evidence And Erosion Of The Due Process Right To A Fair Trial, Sarah M. Bernstein Jan 1990

Fourtheenth Amendment--Police Failure To Preserve Evidence And Erosion Of The Due Process Right To A Fair Trial, Sarah M. Bernstein

Journal of Criminal Law and Criminology

No abstract provided.


The Pressures And Prospects For Change, Ronald J. Allen Jan 1990

The Pressures And Prospects For Change, Ronald J. Allen

Journal of Criminal Law and Criminology

No abstract provided.


The Future Of Juvenile Justice: Is It Time To Abolish The System, Robert O. Dawson Jan 1990

The Future Of Juvenile Justice: Is It Time To Abolish The System, Robert O. Dawson

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Procedure In The Land Of Oz: Lessons For America, Craig M. Bradley Jan 1990

Criminal Procedure In The Land Of Oz: Lessons For America, Craig M. Bradley

Journal of Criminal Law and Criminology

No abstract provided.


Gateway To Justice: Police And Prosecutorial Response To Sexual Assaults Against Women, Wayne A. Kerstetter Jan 1990

Gateway To Justice: Police And Prosecutorial Response To Sexual Assaults Against Women, Wayne A. Kerstetter

Journal of Criminal Law and Criminology

No abstract provided.


The Competence Of Criminal Defendants With Mental Retardation To Participate In Their Own Defense, Richard J. Bonnie Jan 1990

The Competence Of Criminal Defendants With Mental Retardation To Participate In Their Own Defense, Richard J. Bonnie

Journal of Criminal Law and Criminology

No abstract provided.


Aider And Abettor Liability, The Continuing Criminal Enterprise, And Street Gangs: A New Twist In An Old War On Drugs, William G. Skalitzky Jan 1990

Aider And Abettor Liability, The Continuing Criminal Enterprise, And Street Gangs: A New Twist In An Old War On Drugs, William G. Skalitzky

Journal of Criminal Law and Criminology

No abstract provided.


Crime And Punishment In Renaissance Florence, Marvin E. Wolfgang Jan 1990

Crime And Punishment In Renaissance Florence, Marvin E. Wolfgang

Journal of Criminal Law and Criminology

No abstract provided.


Mistake And Impossibility, Law And Fact, And Culpability: A Speculative Essay, Kenneth W. Simons Jan 1990

Mistake And Impossibility, Law And Fact, And Culpability: A Speculative Essay, Kenneth W. Simons

Journal of Criminal Law and Criminology

No abstract provided.


Pretrial Drug Testing And Defendant Risk, John S. Goldkamp, Michael R. Gottfredson, Doris Weiland Jan 1990

Pretrial Drug Testing And Defendant Risk, John S. Goldkamp, Michael R. Gottfredson, Doris Weiland

Journal of Criminal Law and Criminology

No abstract provided.


The Use Of The Necessity Defense By Abortion Clinic Protesters, Arlene D. Boxerman Jan 1990

The Use Of The Necessity Defense By Abortion Clinic Protesters, Arlene D. Boxerman

Journal of Criminal Law and Criminology

No abstract provided.


The Virtues Of Redundancy In Legal Thought, Randy E. Barnett Jan 1990

The Virtues Of Redundancy In Legal Thought, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Redundancy has a bad reputation among legal intellectuals. When someone says, for example, that the ninth and tenth amendments are redundant, we can be pretty sure that this person attaches little importance to these constitutional provisions. Listen to one of the definitions of redundant provided by the Oxford English Dictionary: "superabundant, superfluous, excessive."' In this essay, the author proposes that legal theorists pay serious attention to the concept of redundancy used by engineers. He explains how redundancy--in this special sense--is essential to any intellectual enterprise in which we try to reach action-guiding conclusions, including the enterprise of law. The author …


The Internal And External Analysis Of Concepts, Randy E. Barnett Jan 1990

The Internal And External Analysis Of Concepts, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In Abstract Right and the Possibility of a Nondistributive Conception of Contract: Hegel and Contemporary Contract Theory, Peter Benson criticizes the authors presentation of a consent theory of contract, in part, on the ground that it "refers only to the empirical facts of the requirements of human needs and fulfillment. Like [Charles] Fried's [account], his conception of the consensual basis of a contract does not preserve the required standpoint of abstraction. " On this basis Professor Benson concludes that the author's approach fails to "provide an adequate elucidation of a nondistributive conception of contract.

By explaining contractual obligation …


Sixth Amendment--The Evolution Of The Supreme Court's Retroactivity Doctrine: A Futile Search For Theoretical Clarity, Roger D. Iii Branigin Jan 1990

Sixth Amendment--The Evolution Of The Supreme Court's Retroactivity Doctrine: A Futile Search For Theoretical Clarity, Roger D. Iii Branigin

Journal of Criminal Law and Criminology

No abstract provided.


Sixth And Fourteenth Amendments--Constitutional Right To State Capital Collateral Appeal: The Due Process Of Executing A Convict Without Attorney Representation, Donald P. Jr. Zeithaml Jan 1990

Sixth And Fourteenth Amendments--Constitutional Right To State Capital Collateral Appeal: The Due Process Of Executing A Convict Without Attorney Representation, Donald P. Jr. Zeithaml

Journal of Criminal Law and Criminology

No abstract provided.


The Ostrich Instruction: Deliberate Ignorance As A Criminal Mens Rea, Ira P. Robbins Jan 1990

The Ostrich Instruction: Deliberate Ignorance As A Criminal Mens Rea, Ira P. Robbins

Journal of Criminal Law and Criminology

No abstract provided.


An Economic Analysis Of Criminal Attempt: Marginal Deterrence And The Optimal Structure Of Sanctions, Samuel Kramer Jan 1990

An Economic Analysis Of Criminal Attempt: Marginal Deterrence And The Optimal Structure Of Sanctions, Samuel Kramer

Journal of Criminal Law and Criminology

No abstract provided.


Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick Jan 1990

Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Fourth Amendment--Suspicionless Urinalysis Testing: A Constitutionally Reasonable Weapon In The Nation's War On Drugs, Kenneth C. Betts Jan 1990

Fourth Amendment--Suspicionless Urinalysis Testing: A Constitutionally Reasonable Weapon In The Nation's War On Drugs, Kenneth C. Betts

Journal of Criminal Law and Criminology

No abstract provided.


First Amendment--Disconnecting Dial-A-Porn: Section 223(B)'S Two Pronged Challenge To First Amendment Rights, Suzanne D. Rubens Jan 1990

First Amendment--Disconnecting Dial-A-Porn: Section 223(B)'S Two Pronged Challenge To First Amendment Rights, Suzanne D. Rubens

Journal of Criminal Law and Criminology

No abstract provided.


Fifth Amendment--Coercion And Clarity: The Supreme Court Approves Altered Miranda Warnings, David B. Altman Jan 1990

Fifth Amendment--Coercion And Clarity: The Supreme Court Approves Altered Miranda Warnings, David B. Altman

Journal of Criminal Law and Criminology

No abstract provided.


Eighth Amendment--The Death Penalty And The Mentally Retarded Criminal: Fairness, Culpability, And Death, Peter K.M. Chan Jan 1990

Eighth Amendment--The Death Penalty And The Mentally Retarded Criminal: Fairness, Culpability, And Death, Peter K.M. Chan

Journal of Criminal Law and Criminology

No abstract provided.