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1999

Criminal law

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Articles 1 - 30 of 38

Full-Text Articles in Law

A New Start Calls For A Broadened Perspective, Nora V. Demleitner Oct 1999

A New Start Calls For A Broadened Perspective, Nora V. Demleitner

Scholarly Articles

Not available.


Criminal Law, Susannah R. Cole Jul 1999

Criminal Law, Susannah R. Cole

South Carolina Law Review

No abstract provided.


Hell Hath No Fury Like A Fan Scorned: State Regulation Of Sports Agents, Phillip J. Closius Jul 1999

Hell Hath No Fury Like A Fan Scorned: State Regulation Of Sports Agents, Phillip J. Closius

All Faculty Scholarship

This article first describes the existing system of state statutes regulating sports agents, including the proposed Model Uniform Athlete Agents Act. The article then examines the validity of these statutes in the context of jurisdictional limitations and dormant Commerce Clause principles. Lastly, federal regulation and the rules of professional sports unions are considered as alternatives to state legislative activity.


Criminal Law, James Clark Jul 1999

Criminal Law, James Clark

South Carolina Law Review

No abstract provided.


Civil Commitment Of Sex Offenders: South Carolina's Sexually Violent Predator Act, J. H. Cook Jul 1999

Civil Commitment Of Sex Offenders: South Carolina's Sexually Violent Predator Act, J. H. Cook

South Carolina Law Review

No abstract provided.


Message To Criminal Defendants--Waive At Your Own Risk: The Eight Circuit Enforces Waivers Of Appellate Rights, The, Ginger K. Gooch Apr 1999

Message To Criminal Defendants--Waive At Your Own Risk: The Eight Circuit Enforces Waivers Of Appellate Rights, The, Ginger K. Gooch

Missouri Law Review

"The right to appeal at least once without obtaining prior court approval is nearly universal. [A]lthough its origins are neither constitutional nor ancient, the right has become, in a word, sacrosanct., 2 Likewise, the criminal defendant's right to utilize appellate rights as a bargaining chip meets with widespread acceptance; nearly every circuit allows criminal defendants to waive their rights to appeal in conjunction with plea bargain agreements.3 The circuits disagree, however, concerning whether a defendant's waiver of appellate rights remains valid if a district court judge fails to explicitly discuss the waiver with the defendant during ...


The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff Apr 1999

The Scottish Criminal Jury: A Very Peculiar Institution, Peter Duff

Law and Contemporary Problems

Duff describes and discusses the Scottish criminal jury. While the exact origins of the Scottish criminal jury are obscure, it is clear that it developed in tandem with, although in a different fashion from, its English counterpart.


Reviving The Criminal Jury In Japan, Lester W. Kiss Apr 1999

Reviving The Criminal Jury In Japan, Lester W. Kiss

Law and Contemporary Problems

Kiss analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal and legal viewpoints in light of Japan's prior experience with a jury system.


Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman Apr 1999

Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman

Law and Contemporary Problems

The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.


The American Criminal Jury, Nancy Jean King Apr 1999

The American Criminal Jury, Nancy Jean King

Law and Contemporary Problems

King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.


The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar Apr 1999

The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar

Law and Contemporary Problems

Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.


The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley Apr 1999

The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley

Law and Contemporary Problems

Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.


The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young Apr 1999

The New Zealand Jury, Neil Cameron, Susan Potter, Warren Young

Law and Contemporary Problems

In New Zealand, the recent history of the jury has been one of fairly steady decline. This is particularly so of the civil jury, which has become virtually extinct with little realistic prospect of revival.


Humpty Dumpty On Mens Rea Standards: A Proposed Methodology For Interpretation, Katherine R. Tromble Mar 1999

Humpty Dumpty On Mens Rea Standards: A Proposed Methodology For Interpretation, Katherine R. Tromble

Vanderbilt Law Review

"When I use a word.., it means just what I choose it to mean-neither more nor less.",

This statement by Humpty Dumpty sets forth the argument of this Note: words used to describe mens rea in federal criminal statutes have plain, ordinary meanings. When the United States Supreme Court interprets these statutes, it should do so according to the words' plain meanings. Because the Court has not used this approach in past cases, the law of mens rea on the federal level is confusing and inconsistent.

The Court has tried to repair poorly drafted statutes by interpreting them in various ...


Humpty Dumpty On Mens Rea Standards: A Proposed Methodology For Interpretation, Katherine R. Tromble Mar 1999

Humpty Dumpty On Mens Rea Standards: A Proposed Methodology For Interpretation, Katherine R. Tromble

Vanderbilt Law Review

"When I use a word.., it means just what I choose it to mean-neither more nor less.", This statement by Humpty Dumpty sets forth the argument of this Note: words used to describe mens rea in federal criminal statutes have plain, ordinary meanings. When the United States Supreme Court interprets these statutes, it should do so according to the words' plain meanings. Because the Court has not used this approach in past cases, the law of mens rea on the federal level is confusing and inconsistent.

The Court has tried to repair poorly drafted statutes by interpreting them in various ...


Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner Jan 1999

Preventing Internal Exile: The Need For Restrictions On Collateral Sentencing Consequences, Nora V. Demleitner

Scholarly Articles

None available.


Digitization, Commodification, Criminalization: The Evolution Of Criminal Copyright Infringement And The Importance Of The Willfulness Requirement, Lydia Pallas Loren Jan 1999

Digitization, Commodification, Criminalization: The Evolution Of Criminal Copyright Infringement And The Importance Of The Willfulness Requirement, Lydia Pallas Loren

Washington University Law Review

Part I of this Article examines the historical evolution of criminal copyright infringement in this country, culminating in the adoption of the NET Act. Part I also provides an overview of the changes in criminal copyright infringement affected by the NET Act. Part II analyzes why, after 100 years, Congress eliminated the requirement of a profit motive for criminal liability and significantly expanded the reach of the criminal sanctions of the Copyright Act. Part II also describes not just the decisional impetus for the amendment to the Copyright Act, United States v. LaMacchia, but the underlying pressures placed on copyright ...


Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos Jan 1999

Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos

Seattle University Law Review

This Note argues that the Ninth Circuit was wrong. The registration and notification provisions operate to constructively restrain the liberty of a convicted sex offender and, therefore, Mr. Williamson is "in custody" for purposes of habeas corpus relief. To support this proposition, this Note will first discuss the federal statute pertaining to habeas corpus and review the case law interpreting the jurisdictional requirement that the petitioner be "in custody"; second, review and discuss Washington State's sex offender registration and notification statutes; and finally, analyze the relevant statute and analogous case law in the context of Washington's sex offender ...


Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean Jan 1999

Missouri's Law On Admissibility Of Other Crimes Evidence: Increasing Inclusivity, Justin M. Dean

Missouri Law Review

Evidence of other crimes, or uncharged misconduct evidence as it is commonly called, has been important in many criminal trials, including such well-publicized trials as that of O.J. Simpson for murder and those of William Kennedy Smith and Mike Tyson for rape.2 Furthermore, this type of evidence is important because studies have shown that admission of uncharged misconduct evidence greatly increases the likelihood that a jury will find the defendant guilty.3 State v. Skillicorn4 presents a look at the current state of the law concerning admission of other crimes evidence in Missouri. The case illustrates the difficulty ...


Missouri Law Regarding Punitive Damages And The Doctrine Of Remittitur, Edward S. Stevens Jan 1999

Missouri Law Regarding Punitive Damages And The Doctrine Of Remittitur, Edward S. Stevens

Missouri Law Review

The imposition of punitive damages can devastate defendants, be they individuals or large corporations. Fortunately for these defendants, the jury does not have the final word on the amount of damages. This Note addresses the circumstances under which punitive damages are available in Missouri and when the doctrine of remittitur will be used so that damage awards comport with Missouri's prohibition against excessive awards and the Due Process Clause of the Fourteenth Amendment.


Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports Jan 1999

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Journal Articles

When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint ...


Religion And The Public Defender, Sadiq Reza Jan 1999

Religion And The Public Defender, Sadiq Reza

Fordham Urban Law Journal

This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not ...


Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns Jan 1999

Current Federal And State Conflicts In The Independent Contractor Versus Employee Classification Controversy, Jack E. Karns

Campbell Law Review

Part II of this Article outlines the development of the federal IRS worker classification status and attendant issues. Part III introduces some initiatives taken by the IRS in an effort to settle cases with taxpayers. Part IV discusses the federal criminal sanctions that can be imposed on an individual or entity which fails to collect or pay over to the United States Treasury these employment trust fund taxes. In Part V, the status of worker classification in North Carolina is considered relative to cases filed primarily with the Employment Security Commission. Finally, in Part VI, some observations are offered regarding ...


Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick Jan 1999

Life, Death And The Law - And Why Capital Punishment Is Legally Insupportable , Peter Fitzpatrick

Cleveland State Law Review

Given that law has an integral commitment to life, in this lecture I want to show how the law should manifest something of a fundamental dissonance, even a terminal incoherence, when law is called upon to deal death. That is what happens in the judicial discourse on the death penalty in the United States. I will approach this demonstration in a way that may at first seem paradoxical, in a way that will bring out the deep affinity between law and death. That affinity is one in which death is, in a sense, the limit of law; a limit that ...


Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron Jan 1999

Ethics, Law Enforcement, And Fair Dealing: A Prosecutor's Duty To Disclose Nonevidentiary Information, David Aaron

Fordham Law Review

No abstract provided.


Temporal Units Of Prosecution And Continuous Acts: Judicial And Constitutional Limitations Jan 1999

Temporal Units Of Prosecution And Continuous Acts: Judicial And Constitutional Limitations

San Diego Law Review

Part II will examine the

historical development and the Supreme Court's application of the so- called rule of lenity when adjudicating cases involving statutes with

unclear units of prosecution Part II will also examine the manner in which unclear draftsmanship has been treated in other areas of law and

will compare those areas of law with the rationale behind the rule of lenity. Finally, Part II will conclude by arguing that the rule of lenity creates a presumption opposing multiple prosecutions for the continuing violation of a statute, unless there is clear legislative intent to the contrary. Part M11 ...


Justice For The Forgotten And Despised, David C. Leven Jan 1999

Justice For The Forgotten And Despised, David C. Leven

Touro Law Review

No abstract provided.


Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti Jan 1999

Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti

Fordham Law Review

No abstract provided.


Rethinking The Tough Sentencing Of Teenage Neonaticide Offenders In The United States, Christine A. Fazio, Jennifer L. Comito Jan 1999

Rethinking The Tough Sentencing Of Teenage Neonaticide Offenders In The United States, Christine A. Fazio, Jennifer L. Comito

Fordham Law Review

No abstract provided.


Imposing Duties On Witnesses To Child Sexual Abuse: A Futile Response To Bystander Indifference, Jessica R. Givelber Jan 1999

Imposing Duties On Witnesses To Child Sexual Abuse: A Futile Response To Bystander Indifference, Jessica R. Givelber

Fordham Law Review

No abstract provided.