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Articles 1 - 11 of 11
Full-Text Articles in Law
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases --
Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults
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Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition
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Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement
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Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process
Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole
Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole
Vanderbilt Law Review
Classical penology was conceived in France in the eighteenth century, and then eclipsed all over the world in the nineteenth, when Lombroso conjured up the picture of the born criminal. It was finally laid to rest in the United States in the twentieth century. Its basic tenet had been simple enough: the legislature in its infinite wisdom would seek and find the appropriate punishment for every crime.This can be accomplished if a crime is defined narrowly enough, perhaps by the creation of subcategories of that crime, so as to encompass all potential perpetrators who will each incur the same amount …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Significant Interest Doctrine Extended to Marital Property Litigation
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Constitutional Law-Search and Seizure--Fourth Amendment Restrictions Apply to Electronic Eavesdropping When Conversations Are Private--Physical Trespass Test Discarded
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Constitutional Law-Section 5(a) (1) (D) Prohibiting Members of Communist-Action Organizations from Employment in Defense Facilities Held Unconstitutional Infringement Upon Freedom of Association
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Criminal Law--Evidence-Unauthorized Juror View Violates Sixth Amendment Right to Confrontation
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Domestic Relations--Intentional False Representation of Pregnancy Grounds for Annulment
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Income Tax--Corporations--Attorneys' and Accountants' Fees Incurred in Sale of Assets Pursuant to a Section 337 Liquidation Are Not Deductible
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Interest--Usury--Charging Debtor with Statutory Maximum Loan Fees …
Criminal Justice And The Rule-Making Power, J. Edward Lumbard
Criminal Justice And The Rule-Making Power, J. Edward Lumbard
West Virginia Law Review
No abstract provided.
Criminal Law--State Not Constitutionally Obligated To Provide Counsel For Indigent Misdemeanant [City Of Toledo V. Franzier, 10 Ohio App. 2d 51, 226 N.E.2d 777 (1967)], William S. Paddock
Criminal Law--State Not Constitutionally Obligated To Provide Counsel For Indigent Misdemeanant [City Of Toledo V. Franzier, 10 Ohio App. 2d 51, 226 N.E.2d 777 (1967)], William S. Paddock
Case Western Reserve Law Review
No abstract provided.
Municipal Courts--Another Urban Ill, Lewis R. Katz
Municipal Courts--Another Urban Ill, Lewis R. Katz
Case Western Reserve Law Review
No abstract provided.
Science And Morality Of Criminal Law, Jerome Hall
Science And Morality Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham
Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
The Presumption Of Innocence In The Soviet Union, George P. Fletcher
The Presumption Of Innocence In The Soviet Union, George P. Fletcher
Faculty Scholarship
The presumption of innocence is a curious item in the baggage of Western legal rhetoric. Revered today here and abroad, it has become a standard clause in international testimonials to the rights of man. Yet, at first blush, it seems conceptually anomalous and irrelevant in practice. It is hardly a presumption of fact – a distillation of common experience; statistics betray the suggestion that men indicted on criminal charges are likely to be innocent. Nor is it a legal rule masquerading as an irrebuttable presumption; it is rebuttable by proof beyond a reasonable doubt of the defendant's guilt. Further, it …
Two Kinds Of Legal Rules: A Comparative Study Of Burden-Of-Persuasion Practices In Criminal Cases, George P. Fletcher
Two Kinds Of Legal Rules: A Comparative Study Of Burden-Of-Persuasion Practices In Criminal Cases, George P. Fletcher
Faculty Scholarship
Good men everywhere praise the presumption of innocence. And be they Frenchmen, Germans, or Americans, they agree on the demand of the presumption in practice. Both here and abroad, the state's invocation of criminal sanctions demands a high degree of proof that the accused has committed the offense charged. To express the requisite standard of proof, common lawyers speak of the prosecutor's duty to prove his case beyond a reasonable doubt. And Continental lawyers invoke the maxim in dubio pro reo – a precept requiring triers of fact to acquit in cases of doubt.
The French speak of the presomption …