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Articles 1 - 30 of 69
Full-Text Articles in Law
When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price
When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price
Journal of Criminal Law and Criminology
No abstract provided.
The Cognitive Psychology Of Mens Rea, Kevin Jon Heller
The Cognitive Psychology Of Mens Rea, Kevin Jon Heller
Journal of Criminal Law and Criminology
No abstract provided.
What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet
What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet
Journal of Criminal Law and Criminology
No abstract provided.
Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock
Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock
Journal of Criminal Law and Criminology
No abstract provided.
Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow
Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow
Journal of Criminal Law and Criminology
No abstract provided.
Blue Sky Steroids, Geoffrey Rapp
Blue Sky Steroids, Geoffrey Rapp
Journal of Criminal Law and Criminology
No abstract provided.
The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen
The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen
Journal of Criminal Law and Criminology
No abstract provided.
Strategery's Refuge, Christopher Seeds
Strategery's Refuge, Christopher Seeds
Journal of Criminal Law and Criminology
No abstract provided.
The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger
The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger
Journal of Criminal Law and Criminology
No abstract provided.
Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason
Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason
Journal of Criminal Law and Criminology
No abstract provided.
Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle
Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle
Journal of Criminal Law and Criminology
No abstract provided.
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Reliance Remedies At The International Center For The Settlement Of Investment Disputes, David Collins
Reliance Remedies At The International Center For The Settlement Of Investment Disputes, David Collins
Northwestern Journal of International Law & Business
This article will examine the types of situations and expenses which ICSID tribunals have compensated by awarding damages for actual losses suffered and will attempt to illustrate how this choice is generally economically efficient. It will begin by outlining standards of damage remedies that are commonly employed in international law and will conclude with some criticisms of the reliance measure in the investment context. As this article is forum-focused, it will not examine reliance-based remedies in international investment law under other regimes, such as United Nations Commission on International Trade Law (UNCITRAL) arbitrations or under the Iran-U.S. Claims Tribunal, in …
Bankruptcy Law Dilemma: Appraisal Of Corporate Value And Its Distribution In Corporate Reorganization Proceedings, Jongho Kim
Northwestern Journal of International Law & Business
This article will analyze issues arising in reorganization proceedings with which the bankruptcy court has not yet grappled. If the questions arising in the remainder of this article can be clearly answered, then to a certain extent numerous arguments about Chapter 11 can be settled. This article will also analyze both Korean and U.S. bankruptcy law and will maintain a comparative approach with a critical perspective. Though Korean bankruptcy law indirectly adopted11 that of the United States in 1962, the actual application and interpretation of Korean bankruptcy law is quite different and I will accurately compare and contrast the two …
Ruined In A Conventional Way: Responses To Credit Ratings' Role In Credit Crises, David J. Matthews
Ruined In A Conventional Way: Responses To Credit Ratings' Role In Credit Crises, David J. Matthews
Northwestern Journal of International Law & Business
In 2007, abuses in the U.S. mortgage industry precipitated a financial crisis that led regulators in the United States and in the European Union to reexamine credit rating agencies. Asset-backed securities bearing agency ratings helped spread the effects of the crisis to diverse institutional investors, including European banks. This article traces debt securities and ratings from the rise of the mortgage securitization industry to the European and U.S. responses following the 2007 meltdown and concludes that ratings-focused regulatory changes are only a first step in avoiding similar financial crises. The market incentives, risk misperception, and risk spreading that attend complex …
Antitrust And Free Movement Risks Of Expanding U.S. Professional Sports Leagues Into Europe, Marc Edelman, Brian Doyle
Antitrust And Free Movement Risks Of Expanding U.S. Professional Sports Leagues Into Europe, Marc Edelman, Brian Doyle
Northwestern Journal of International Law & Business
This article discusses the legal risks that would emerge if the NBA and NFL decide to expand into Europe. Part I of this article explains the differences in operating structure between U.S. and European professional sports leagues. Part II discusses the differences in competition law between the United States and European Community. Part III explains why the legal status of age and education (age/education requirements) is more favorable to professional sports leagues under U.S. law than under EC law. Part IV explains why the legal status of league drafts and reserve systems also might be more favorable to professional sports …
International Private Equity Valuation And Disclosure, Douglas Cumming, Andrej Gill, Uwe Walz
International Private Equity Valuation And Disclosure, Douglas Cumming, Andrej Gill, Uwe Walz
Northwestern Journal of International Law & Business
Private equity (PE) firms are financial intermediaries standing between the portfolio firms and their investors. They are typically organized as closed-end funds aiming to overcome informational asymmetries and to exploit specialization gains in selecting and overseeing portfolio firms.' However, their existence as financial intermediaries creates new informational asymmetries (with respect to the investors in the PE funds). Fund managers raise follow-on funds before exiting their investments, and may have incentives to overvalue their as-yet-unsold investments when making disclosures to institutional investors. Despite strong incentives to overvalue, PE funds do not face mandatory disclosure rules in any country with a significant …
Foreign Direct Investment In The United States: Achieving A Balance Between National Economy Benefits And National Security Interests, Joanna Rubin Travalini
Foreign Direct Investment In The United States: Achieving A Balance Between National Economy Benefits And National Security Interests, Joanna Rubin Travalini
Northwestern Journal of International Law & Business
This Note addresses the transformation of foreign direct investment in the United States in light of heightened national security standards since the September 11, 2001 attacks and highlights the treatment of three cross- border deals that made U.S. government officials question the thoroughness of foreign investment review policies. Despite the enactment of stricter guidelines in the review of foreign investment transactions, Congress must reexamine the extent of its influence in the process to ensure the retention of open and consistent foreign investment policies in the United States while preserving the best interests of those within its borders.
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice
Northwestern Journal of Law & Social Policy
This introductory essay questions putting nearly all effort into social policywhich has failed to reduce povertyand calls instead for reinvigorating other tactics and re-imagining the unfinished dream of economic justice. Indeed, what Martin Luther King, Jr. envisioned was an actual war on poverty, not merely the abbreviated, under-funded, and ultimately unsuccessful effort of the 1960s, nor the imposter war on welfare that has dominated our social policy effort since. But our social policy has not only failed to reduce poverty, it failed to focus long-needed attention on poverty and inequality. Nor has social policy facilitated the political mobilization of poor …
Legal Disparities In The Capital Of Capital Punishment, Scott Phillips
Legal Disparities In The Capital Of Capital Punishment, Scott Phillips
Journal of Criminal Law and Criminology
No abstract provided.
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher
Northwestern Journal of Law & Social Policy
No abstract provided.
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee
Northwestern Journal of Law & Social Policy
This Comment will first examine the history and current state of laws regulating water use in the United States, and the commercial uses that are the target of the proposed Water Excise Tax. The next step will be to discuss the tax itself from several perspectives: First, its constitutionality, structure, and application in the framework of existing water law; second, its advantages and disadvantages based on its regulatory nature and scope; and finally, the normative benefits of indirect regulation. The theses underlying all of these sections are that public drinking water will become scarce in the very near future, that …
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Northwestern Journal of Law & Social Policy
In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt
Northwestern Journal of Law & Social Policy
As military involvement overseas persists, pressure to increase the size of the armed services will continue. While higher bonuses and lower recruiting standards relieve this pressure, these measures may not be enough and an active military draft is an attractive alternative. Indeed, although the military draft has been inactive for nearly thirty years, current U.S. involvement overseas has aroused discussion for reactivation of the military draft. In light of this call to reactive the draft, this Student Comment proposes a framework for analyzing the constitutionality of an active military draft under the Thirteenth Amendment. Specifically, this Comment argues that courts …
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Northwestern Journal of Law & Social Policy
This Student Comment explores the long-standing gender bias inherent in the United States Internal Revenue Code ("IRC"). Specifically, this Comment discusses the bias of the taxing code against secondary earners in dual-income families. Under the IRC, primary earners in a dual-income household are taxed at a much lower rate than secondary earners in the household. As women have historically suffered from lower wages and income than their husbands, the effect of the IRC is to tax married women at much higher rates than married men. Indeed, the average working married woman loses over two-thirds of her pay to income taxes. …
Van Duyn V. Baker School District: A "Material" Improvement In Evaluating A School District's Failure To Implement Individualized Education Programs, David G. King
Northwestern Journal of Law & Social Policy
This Case Note of explores the standards courts use when evaluating a school district's failure to implement a student's Individualized Education Plan (IEP). In , the Ninth Circuit held that only "material" failures to implement constitute a deprivation of Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The Note first begins with a discussion of the right to FAPE under the IDEA and how the Supreme Court narrowed the scope of FAPE in . It then examines the many different standards federal courts have used to evaluate implementation failures, including requiring the failure to involve …
A Relational Sixth Amendment During Interrogation, Brooks Holland
A Relational Sixth Amendment During Interrogation, Brooks Holland
Journal of Criminal Law and Criminology
No abstract provided.
Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo
Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo
Journal of Criminal Law and Criminology
No abstract provided.
The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave
The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave
Journal of Criminal Law and Criminology
No abstract provided.