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2004

Legal Studies

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Articles 1 - 30 of 81

Full-Text Articles in Law

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan Dec 2004

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan Dec 2004

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …


Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan Nov 2004

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part One], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.


Law, Economics, And The Theory Of The Firm, Michael J. Meurer Jul 2004

Law, Economics, And The Theory Of The Firm, Michael J. Meurer

Buffalo Law Review

No abstract provided.


Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas Jun 2004

Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas

All Faculty Scholarship

Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …


Pleas' Progress, Stephanos Bibas May 2004

Pleas' Progress, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas Apr 2004

The Prophylactic Remedy: Normative Principles And Definitional Parameters Of Broad Injunctive Relief, Tracy A. Thomas

Buffalo Law Review

No abstract provided.


Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber Apr 2004

Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber

Buffalo Law Review

No abstract provided.


Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower Mar 2004

Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach To Overcoming The Obstacles Presented In Ashcroft V. Free Speech Coalition, Daniel W. Bower

Brigham Young University Journal of Public Law

No abstract provided.


Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus Mar 2004

Which Crime Is It? The Role Of Proportionality In Recidivist Sentencing After Ewing V. California, Richard H. Andrus

Brigham Young University Journal of Public Law

No abstract provided.


Peter Zwiebach On Human Rights: Concept And Context By Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp., Peter Zwiebach Feb 2004

Peter Zwiebach On Human Rights: Concept And Context By Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp., Peter Zwiebach

Human Rights & Human Welfare

A review of:

Human Rights: Concept and Context by Brian Orend. Petersburg, Ont: Broadview Press, 2002. 272pp.


The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas Jan 2004

The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas

Journal of Criminal Law and Criminology

No abstract provided.


Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman Jan 2004

Driver Race, Ethnicity, And Gender And Citizen Reports Of Vehicle Searches By Police And Vehicle Search Hits: Toward A Triangulated Scholarly Understanding, Richard J. Lundman

Journal of Criminal Law and Criminology

No abstract provided.


Capital Punishment, Execution Publicity And Murder In Houston, Texas, Lisa Stolzenberg, Stewart J. D'Alessio Jan 2004

Capital Punishment, Execution Publicity And Murder In Houston, Texas, Lisa Stolzenberg, Stewart J. D'Alessio

Journal of Criminal Law and Criminology

No abstract provided.


Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher Jan 2004

Order Maintenance Reconsidered: Moving Beyond Strong Causal Reasoning, David Thacher

Journal of Criminal Law and Criminology

No abstract provided.


Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson Jan 2004

Reforming The Jury Override: Protecting Capital Defendants' Rights By Returning To The System's Original Purpose, John M. Richardson

Journal of Criminal Law and Criminology

No abstract provided.


The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace Jan 2004

The Self-Incrimination Clause Explained And Its Future Predicted, Ronald J. Allen, M. Kristin Mace

Journal of Criminal Law and Criminology

No abstract provided.


U.S. Domestic Prosecution Of The American International Sex Tourist: Efforts To Protect Children From Sexual Exploitation, Sara K. Andrews Jan 2004

U.S. Domestic Prosecution Of The American International Sex Tourist: Efforts To Protect Children From Sexual Exploitation, Sara K. Andrews

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2004

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes Jan 2004

Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes

Journal of Criminal Law and Criminology

No abstract provided.


Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff Jan 2004

Demore V. Kim: Upholding The Unnecessary Detainment Of Legal Permanent Residents, Jennifer Korte Doucleff

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2004

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu Jan 2004

The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu

Journal of Criminal Law and Criminology

No abstract provided.


Lockyer V. Andrade: California Three Strikes Law Survives Challenge Based On Federal Law That Is Anything But Clearly Established, Doyle Horn Jan 2004

Lockyer V. Andrade: California Three Strikes Law Survives Challenge Based On Federal Law That Is Anything But Clearly Established, Doyle Horn

Journal of Criminal Law and Criminology

No abstract provided.


Foreword: You Are Entering A Gay And Lesbian Free Zone: On The Radical Dissents Of Justice Scalia And Other (Post-) Queers - [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard E. Harcourt Jan 2004

Foreword: You Are Entering A Gay And Lesbian Free Zone: On The Radical Dissents Of Justice Scalia And Other (Post-) Queers - [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard E. Harcourt

Journal of Criminal Law and Criminology

No abstract provided.


The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan Jan 2004

The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall Jan 2004

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.


Kaupp V. Texas: Breathing Life Into The Fourth Amendment, Denise Robinson Jan 2004

Kaupp V. Texas: Breathing Life Into The Fourth Amendment, Denise Robinson

Journal of Criminal Law and Criminology

No abstract provided.


Stogner V. California: A Collision Between The Ex Post Facto Clause And California's Interest In Protecting Child Sex Abuse Victims, Ashran Jen Jan 2004

Stogner V. California: A Collision Between The Ex Post Facto Clause And California's Interest In Protecting Child Sex Abuse Victims, Ashran Jen

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2004

Book Review

Journal of Criminal Law and Criminology

No abstract provided.