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Articles 1 - 30 of 146
Full-Text Articles in Law
Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend
Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend
American University Law Review
No abstract provided.
Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt
Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt
Michigan Law Review
In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …
Law, Language, And Lenity, Lawrence M. Solan
Law, Language, And Lenity, Lawrence M. Solan
William & Mary Law Review
No abstract provided.
Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer
Youthful Offender Status And The Reproduction Of Juvenile Justice Within Systems Of Criminal Justice: The Case Of William Shrubsall, Simon I. Singer
Buffalo Public Interest Law Journal
No abstract provided.
Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith
Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith
Buffalo Public Interest Law Journal
No abstract provided.
Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford
Completing Klehr V. A.O. Smith Corp., And Resolving The Oddity And Lingering Questions Of Civil Rico Statute Of Limitations Accrual, Marcus R. Mumford
BYU Law Review
No abstract provided.
Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey
Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey
West Virginia Law Review
No abstract provided.
Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey
Death Is Different, Even On The Bayou: The Disproportionality Of Crime And Punishment In Louisiana's Capital Child Rape Statute, J. Chandler Bailey
Washington and Lee Law Review
No abstract provided.
Federal Sentencing Guidelines, Andrea Wilson
Federal Sentencing Guidelines, Andrea Wilson
Mercer Law Review
Appeals attempting to resolve issues concerning the United States Sentencing Guidelines ("U.S.S.G.") continue to require much of the resources of the Eleventh Circuit Court of Appeals. The sentencing guidelines are the driving force behind thousands of prosecutions and appeals each year. However, the number of amendments to the guidelines has diminished in recent years, and the court seems to be free to do more fine-tuning than in the past.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector
Extraditing Mexican Nationals In The Fight Against International Narcotics Crimes, Joshua S. Spector
University of Michigan Journal of Law Reform
In recent years, Mexican narcotics trafficking has become a major threat to the security of the Americas. Mexican narco-traffickers have used their wealth and violence to corrupt political and judicial systems and avoid effective prosecution or penalty in Mexican courts. Historically, Mexico has refused to extradite its nationals in reliance on Mexican law prohibiting the extradition of nationals in all but "exceptional" cases. This Note argues that Mexico should take a step toward controlling the cross-border narcotics trade and recognize international drug trafficking as an "exceptional" crime. Upon recognizing narcotics crimes as "exceptional," Mexico should then begin extraditing Mexican narco-traffickers …
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase
West Virginia Law Review
No abstract provided.
The American Adversary System, William T. Pizzi
The American Adversary System, William T. Pizzi
West Virginia Law Review
No abstract provided.
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Rush To Closure: Lessons Of The Tadić Judgment, Jose E. Alvarez
Michigan Law Review
In 1993 and 1994, following allegations of mass atrocities, including systematic killings, rapes, and other horrific forms of violence in Rwanda and the territories of the former Yugoslavia, two ad hoc international war crimes tribunals were established to prosecute individuals for grave violations of international humanitarian law, including genocide. As might be expected, advocates for the creation of these entities - the first international courts to prosecute individuals under international law since the trials at Nuremberg and Tokyo after World War II - aspired to grand goals inspired by, but extending far beyond, the pedestrian aims of ordinary criminal prosecutions. …
Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine
Vigilantism Revisited: An Economic Analysis Of The Law Of Extra-Judicial Self-Help Or Why Can't Dick Shoot Henry For Stealing Jane's Truck? , Kelly D. Hine
American University Law Review
No abstract provided.
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel
West Virginia Law Review
No abstract provided.
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler
West Virginia Law Review
No abstract provided.
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger
West Virginia Law Review
No abstract provided.
The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor
The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor
International Bulletin of Political Psychology
This article describes the problematic nature of child molestation for the rule of law.
The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss
The Consequences Of Anonymous Access To The Financial Payment System, Richard T. Preiss
Penn State International Law Review
No abstract provided.
Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab
Move Over Drugs, There's Something Cooler On The Black Market - Freon: Can The New Licensing System Stop Illegal Cfc Trafficking?, Saleem S. Saab
Penn State International Law Review
No abstract provided.
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Trafficking In Confiscated Cuban Property: Lender Liability Under The Helms-Burton Act And Customary International Law, S. Kern Alexander
Penn State International Law Review
No abstract provided.
Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker
Changing Times, Changing Crimes: The Criminal's Newest Weapon And The U.S.'S Response, George J. Moscarino, Michael R. Shumaker
Penn State International Law Review
No abstract provided.
Police And Thieves, Rosanna Cavallaro
Police And Thieves, Rosanna Cavallaro
Michigan Law Review
What is it about New York City that has, in the last few years, spawned a series of books attacking the criminal justice system and describing a community in which victims' needs are compelling while the rights of the accused are an impediment to justice? Why does this apocalyptic vision of the system persist, despite statistics demonstrating the sharpest decline in the city's and the nation's crime rates in decades? What explains the acute detachment from the accused that is at the core of this series of books? In Virtual Justice: The Flawed Prosecution of Crime in America, Richard Uviller …
Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears
Shifting The Paradigm In Child Pornography Criminalization: United States V. Maxwell, Chad R. Fears
BYU Law Review
No abstract provided.
Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler
Mcnally Revisited: The "Misrepresentation Branch" Of The Mail Fraud Statute A Decade Later, Christopher Q. Cutler
Brigham Young University Journal of Public Law
No abstract provided.
Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro
Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro
Brigham Young University Journal of Public Law
No abstract provided.
The Color Line Of Punishment, Jerome H. Skolnick
The Color Line Of Punishment, Jerome H. Skolnick
Michigan Law Review
If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ways that we scarcely …
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
The Anatomy Of Disgust In Criminal Law, Dan M. Kahan
Michigan Law Review
My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.
Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee
Kansas V. Hendricks: Fighting For Children On The Slippery Slope, Michael L. Atlee
Mercer Law Review
In Kansas v. Hendricks, the United States Supreme Court determined the constitutionality of a civil commitment statute that provides for possible indefinite confinement of sex offenders who are near the end of their prison sentences and who pose a threat to society and suffer from a "mental abnormality." In a five to four decision, the Court reversed the Kansas Supreme Court and upheld Kansas's Sexually Violent Predator Act ("SVPA"). In doing so, the Court declared the act nonpenal and rejected due process, double jeopardy, and ex post facto challenges.