Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (28)
- Fordham Law School (24)
- University of Michigan Law School (17)
- William & Mary Law School (14)
- University of Arkansas at Little Rock William H. Bowen School of Law (8)
-
- Cleveland State University (5)
- Embry-Riddle Aeronautical University (5)
- Vanderbilt University Law School (5)
- Seattle University School of Law (4)
- American University Washington College of Law (3)
- Brigham Young University Law School (3)
- Mercer University School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University at Buffalo School of Law (3)
- University of Washington School of Law (3)
- Villanova University Charles Widger School of Law (3)
- Lewis & Clark Law School (2)
- Loyola University Chicago, School of Law (2)
- University of Richmond (2)
- University of San Diego (2)
- Washington and Lee University School of Law (2)
- Florida State University College of Law (1)
- Penn State Law (1)
- Schulich School of Law, Dalhousie University (1)
- St. Mary's University (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- University of Oklahoma College of Law (1)
- West Virginia University (1)
- Keyword
-
- Forgiveness (22)
- Ethics (17)
- Justice (14)
- Capital Punishment (11)
- Morality (9)
-
- Criminal law (7)
- Punishment (6)
- Religion (6)
- Prosecutor (4)
- Crimes (3)
- Law (3)
- Racism (3)
- Supreme court (3)
- Animal law (2)
- Arrest (2)
- Atonement (2)
- Community (2)
- Comparative law (2)
- Constitutional Law (2)
- Crimes against humanity (2)
- Decriminalization (2)
- Domestic violence (2)
- Drugs (2)
- Entrapment (2)
- Equal protection (2)
- Equality (2)
- Evidence (2)
- Fourth amendment (2)
- Grand Jury (2)
- International Criminal Court (2)
- Publication
-
- Journal of Criminal Law and Criminology (28)
- Fordham Urban Law Journal (24)
- William & Mary Bill of Rights Journal (11)
- Michigan Law Review (10)
- International Bulletin of Political Psychology (5)
-
- Cleveland State Law Review (4)
- Seattle University Law Review (4)
- The Journal of Appellate Practice and Process (4)
- University of Arkansas at Little Rock Law Review (4)
- Buffalo Women's Law Journal (3)
- Mercer Law Review (3)
- Michigan Journal of International Law (3)
- Touro Law Review (3)
- Vanderbilt Journal of Transnational Law (3)
- Villanova Law Review (1956 - ) (3)
- William & Mary Law Review (3)
- Animal Law Review (2)
- Brigham Young University Journal of Public Law (2)
- Human Rights Brief (2)
- Loyola University Chicago Law Journal (2)
- Michigan Telecommunications & Technology Law Review (2)
- University of Richmond Law Review (2)
- Vanderbilt Law Review (2)
- Washington International Law Journal (2)
- American University Journal of Gender, Social Policy & the Law (1)
- BYU Law Review (1)
- Dalhousie Law Journal (1)
- Florida State University Journal of Transnational Law & Policy (1)
- Journal of Law and Health (1)
- Maryland Law Review (1)
Articles 1 - 30 of 149
Full-Text Articles in Law
Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young
Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young
William & Mary Bill of Rights Journal
This Paper explores the impact of the belief structure among white fundamentalist denominations on the support for the death penalty. Professor Robert L. Young observes that the tenets of fundamentalism, as well as the great extent that fundamentalists conform to the positions of their clergy, support this link between fundamentalism and a punitive orientation toward wrongdoers. Professor Young explains that members in white fundamentalist churches, to a greater extent than others, are inclined toward a negative view of human nature, which in turn leads to the belief that letting the guilty go free is a more serious mistake than convicting …
Religious Neutrality And The Death Penalty, Arnold H. Loewy
Religious Neutrality And The Death Penalty, Arnold H. Loewy
William & Mary Bill of Rights Journal
Cases involving the Establishment of Religion Clause predominantly emphasize religious neutrality. Believing this to be normatively correct, Professor Loewy argues for religious neutrality in capital punishment cases. In accordance therewith, he would uphold religious peremptory challenges where a juror's religious belief is related to her death penalty perspective. Professor Loewy agrees with the courts'general willingness to disallow religion as an aggravating factor while allowing it as a mitigating factor. This dichotomy comports with the neutrality principle because aggravating factors, in general, are limited whereas mitigating factors are unlimited.
Religious Conservatives And The Death Penalty, Thomas C. Berg
Religious Conservatives And The Death Penalty, Thomas C. Berg
William & Mary Bill of Rights Journal
With the increased fervor surrounding the death penalty, many religious sects have re-examined their position on this issue. New statistics concerning possible discrimination in the application of the death penalty prompted several religious groups to call for a moratorium on the death penalty. In this Essay, Professor Thomas C. Berg examines how religious conservatives, especially Roman Catholics and evangelical Protestants, have dealt with the recent concerns over the death penalty. Part I of the Essay documents how Roman Catholics and evangelical Protestants traditionally approach the death penalty. In this section, Professor Berg concludes that critics of the death penalty can …
Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson
Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson
William & Mary Bill of Rights Journal
No abstract provided.
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Criminal Law, Franklin J. Hogue, Laura D. Hogue
Mercer Law Review
This year we surveyed hundreds of criminal law cases to select those we thought most worthy of inclusion in this survey. We have no doubt that other lawyers practicing criminal law would have included other cases and left out some we included. This is a survey of the vast everchanging landscape of criminal law, and the practitioner may use this article as a starting point for the careful and detailed research that must be done in actual cases.
- Pretrial Issues
- Guilty Plea
- Jury Selection
- State's Case in Chief
- Defense Case
- Sentencing
- Appellate Review
- Mandamus
Prosecution Of Minor Subcontractors Under The Major Fraud Act Of 1988, Chris Liro
Prosecution Of Minor Subcontractors Under The Major Fraud Act Of 1988, Chris Liro
Michigan Law Review
In the late 1980s, a series of well-publicized defense contractor abuses brought the ordinarily obscure topic of government contracting into the public eye. These abuses included not only instances of seemingly wasteful charges, like the infamous $600 toilet seat, approved by a complicit Department of Defense, but also examples of truly fraudulent activity such as knowingly overbilling and supplying inferior quality goods. The fraud cases grabbed the public attention for three primary reasons. First, enormous sums of money were involved. Second, the nature of the fraud often posed a direct danger to United States troops, potentially compromising "national security." Finally, …
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas
William & Mary Bill of Rights Journal
In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …
The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet
The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet
William & Mary Bill of Rights Journal
In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation's progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty's efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that …
Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine
Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine
William & Mary Bill of Rights Journal
Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of how …
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson
William & Mary Bill of Rights Journal
Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …
Islam And The Death Penalty, William A. Schabas
Islam And The Death Penalty, William A. Schabas
William & Mary Bill of Rights Journal
Capital punishment is not practiced by a majority of the world's states. Anti-capital punishment domestic policies have led to an international law of human rights that emphatically prohibits cruel and inhuman punishment. International concern for the abolition of capital punishment has prompted Islamic states that still endorse and practice the death penalty to respond with equally compelling concerns based on the tenets of Islamic law. Professor William A. Schabas suggests that Islamic states view capital punishment according to the principles embodied in the Koran. Islamic law functions on the belief that all people have a right to life unless the …
Introduction To The Symposium: Religion's Role In The Administration Of The Death Penalty, Stephen P. Garvey
Introduction To The Symposium: Religion's Role In The Administration Of The Death Penalty, Stephen P. Garvey
William & Mary Bill of Rights Journal
No abstract provided.
Religious Organizations And The Death Penalty, Robert F. Drinan
Religious Organizations And The Death Penalty, Robert F. Drinan
William & Mary Bill of Rights Journal
Over the past several years, many questions have been raised concerning the application and effectiveness of the death penalty. Ironically, the Catholic Church, a long-time supporter of the death penalty, has become one of the most vocal critics of the death penalty. In this Essay, Father Robert F. Drinan documents the Church's new-found opposition to the death penalty, and discusses the influence the Church will have on the future of the death penalty.
Colombia: The Political Psychology Of Fusarium Oxysporum, Ibpp Editor
Colombia: The Political Psychology Of Fusarium Oxysporum, Ibpp Editor
International Bulletin of Political Psychology
This article presents a brief outline of caveats associated with the employment of fusarium oxysporum to eradicate coca and opium poppy production. These caveats are based on an analysis developed by Dr. Archie Dickey, an environmental biologist at Embry-Riddle Aeronautical University, Prescott, Arizona, USA.
Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Ibpp Editor
Trends. Psychologies Of Personnel Security And Counterintelligence Failure: Racism, Satisficing, And Wen Ho Lee, Ibpp Editor
International Bulletin of Political Psychology
This article discusses issues surrounding the actions of Mr. Wen Ho Lee in the context of espionage, treason, and national security as well as racial profiling and the problems with conducting counterintelligence.
Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning
Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning
Dalhousie Law Journal
The author describes the reforms to the prosecution system in Nova Scotia which were recommended by the Marshall Inquiry in its 1989 report, and reviews the extent to which they have been effectively implemented during the ensuing decade. He concludes that many of the objectives originally identified by the Marshall Inquiry in this respect have been substantially met, but that in some areas there is still room for improvement. Finally, he notes the absence of systematic evaluations of prosecutorial institutions and practices in Canadian jurisdictions, and that because of this, it is difficult to say whether the Marshall Inquiry's objectives …
Aggravated Assaults With Chairs Versus Guns: Impermissible Applied Double Counting Under The Sentencing Guidelines, Carolyn Barth
Aggravated Assaults With Chairs Versus Guns: Impermissible Applied Double Counting Under The Sentencing Guidelines, Carolyn Barth
Michigan Law Review
In a bar called Andrea's Attic, David and Victor were having a drink when they got into an argument. The argument escalated until Victor said something that infuriated David. David looked at Victor, and, wanting to hurt Victor, grabbed the nearest object, a chair, and then threw it at Victor. The chair hit Victor and he fell to the ground, but was not hurt. In a bar called Barb's Barn down the street, Valerie was having a drink. Dorothy walked into the bar, grabbed Valerie by the arm and dragged her outside onto the street. As Valerie was dragged, she …
When Are Children Adults? Juveniles On Trial As Adults: Adults On Trial As Juveniles, Suzanne M. Knight
When Are Children Adults? Juveniles On Trial As Adults: Adults On Trial As Juveniles, Suzanne M. Knight
Buffalo Women's Law Journal
No abstract provided.
Hamilton V. Accu-Tek: Collective Liability For Handgun Manufacturers In The Criminal Misuse Of Handguns, Colin K. Kelly
Hamilton V. Accu-Tek: Collective Liability For Handgun Manufacturers In The Criminal Misuse Of Handguns, Colin K. Kelly
West Virginia Law Review
No abstract provided.
The Influence Of Pornography On Rape And Violence Against Women: A Social Science Approach, Dana A. Fraytak
The Influence Of Pornography On Rape And Violence Against Women: A Social Science Approach, Dana A. Fraytak
Buffalo Women's Law Journal
No abstract provided.
Karo Kari: Honor Killing, Wendy M. Gonzalez
Karo Kari: Honor Killing, Wendy M. Gonzalez
Buffalo Women's Law Journal
No abstract provided.
Available Post-Trial Relief After A State Criminal Conviction When Newly Discovered Evidence Establishes "Actual Innocence", Josephine Linker Hart, Guilford M. Dudley
Available Post-Trial Relief After A State Criminal Conviction When Newly Discovered Evidence Establishes "Actual Innocence", Josephine Linker Hart, Guilford M. Dudley
University of Arkansas at Little Rock Law Review
No abstract provided.
The "Insane" Contradiction Of Singleton V. Norris: Forced Medication In A Death Row Inmate's Medical Interest Which Happens To Facilitate His Execution, Rebecca A. Miller-Rice
The "Insane" Contradiction Of Singleton V. Norris: Forced Medication In A Death Row Inmate's Medical Interest Which Happens To Facilitate His Execution, Rebecca A. Miller-Rice
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner
Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner
University of Arkansas at Little Rock Law Review
No abstract provided.
Trends. The Double Edged Sword Of Transparency In Criminal And Civil Law: The Case Of Euthanasia, Ibpp Editor
Trends. The Double Edged Sword Of Transparency In Criminal And Civil Law: The Case Of Euthanasia, Ibpp Editor
International Bulletin of Political Psychology
This article discusses the decriminalization of euthanasia in The Netherlands, and the issue of transparency.
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Michigan Telecommunications & Technology Law Review
The purpose of this comment is to analyze the potential First Amendment implications of the appearance of bomb-making instructions on the Web in the United States. Moreover, this comment will ultimately consider the notion that "because Brandenburg allows consideration of all the unique characteristics of the Web, there is no reason to formulate new jurisprudence merely because of new technology." Part II examines the seminal cases in the area of speech action, including Schenck v. United States, Hess v. Indiana, and Brandenburg v. Ohio, and the adulations and criticisms that resulted from these cases. Part III discusses the civil cases …
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz
Michigan Telecommunications & Technology Law Review
...information content providers who depend heavily on copyright law are growing increasingly wary of advances in digital technology that allow manipulation of their content and potentially diminish the effectiveness of their copyright protection. Technology firms, on the other hand, are looking more and more at developing products which provide low-cost, high quality access to content without restriction. Thus, as technologists work feverishly to find new ways to free up information, content providers are fighting just as hard to constrain access in order to prevent market-killing duplication and distribution of their works. These two codependent yet clashing interest groups recently met …
"Ready? Induce. Sting!": Arguing For The Government's Burden Of Proving Readiness In Entrapment Cases, David D. Tawil
"Ready? Induce. Sting!": Arguing For The Government's Burden Of Proving Readiness In Entrapment Cases, David D. Tawil
Michigan Law Review
For over 100 years the United States judiciary has struggled with the sting and the entrapment defense, examining whether government agents deviously manufacture crimes or merely afford criminals the opportunity to commit them. The sentiments of Justice Holmes were rare for his time, but today they are reflected in a growing sympathy for sting victims. While courts are now more willing than ever to find entrapment, they still differ over the burden of proof that the government must satisfy to overthrow an entrapment defense. Specifically, courts disagree about whether the burden includes proof that the defendant had the ability and …
The Perils Of Courtroom Stories, Stephan Landsman
The Perils Of Courtroom Stories, Stephan Landsman
Michigan Law Review
As Janet Malcolm1 tells it, Sheila McGough was a middle-aged single woman living at home with her parents and working as an editor and administrator in the publications department of the Carnegie Institute when she decided to switch careers and go to law school. She applied and was admitted to the then recently accredited law school at George Mason University. After graduation, she began a solo practice in northern Virginia that involved a significant amount of stateappointed criminal defense work. In 1986, approximately four years after her graduation from law school, McGough received a call requesting assistance from an incarcerated …