Law Commons^™

Constitutional Limitations On State Power To Hold Parents Criminally Liable For The Delinquent Acts Of Their Children, Kathryn J. Parsley

Vanderbilt Law Review

In late 1988 as part of a comprehensive effort to combat violent street gang activity,' the California legislature passed an amendment to section 272 of California's Penal Code, commonly known as the Parental Responsibility Law. Section 272 originally stated only that every person who commits any act or fails to perform any duty that causes or tends to cause a minor to do a prohibited act is guilty of contributing to the delinquency of a minor, a misdemeanor under the California Penal Code, and subject to a maximum fine of twenty-five hundred dollars, one year in jail, or both. When …

New York Law School — Final Examinations, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.

Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports

Journal Articles

After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …

The Twentieth Annual Kenneth J. Hodson Lecture: Military Justice For The 1990'S - A Legal System Looking For Respect, David A. Schlueter

Faculty Articles

The Kenneth J. Hodson Chair of Criminal Law was established at The Judge Advocate General’s School on June 24, 1971. The chair was named after Major General Hodson, who served as The Judge Advocate General from 1967 to 1971. General Hodson retired in 1971, but immediately was recalled to active duty to serve as the Chief Judge of the Army Court of Military Review. He served in that position until 1974. General Hodson served over thirty years on active duty. During that time, he was active in the American and Federal Bar Associations, and he authored much of the military …

…And Backward: Death And Transfiguration Among The Savings Associations, Michael P. Malloy

Fordham Law Review

No abstract provided.

After The Fall: The Criminal Law Enforcement Response To The S&L Crisis, Bruce A. Green

Fordham Law Review

No abstract provided.

Waiver Of The Criminal Defendant's Right To Testify: Constitutional Implications, Reed Harvey

Fordham Law Review

No abstract provided.

The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner

Fordham Law Review

No abstract provided.

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Articles

No abstract provided.

Criminal Malpractice: Privilege Of The Innocent Plaintiff, Susan M. Treyz

Fordham Law Review

No abstract provided.

International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on the differences and similarities between Germany and the United States on international principles of jurisdiction over extraterritorial crime.

The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.

St. Mary's Law Journal

In Payne v. Tennessee, the United States Supreme Court held the scope of the Eighth Amendment does not include a per se bar to the use of victim impact evidence in the sentencing phase of a capital trial. As a result of Payne, the realm of information admissible during the sentencing phase of a capital trial now includes victim impact evidence. The use of victim impact evidence improperly diverts the sentencer’s attention away from the defendant’s moral blameworthiness to the victim’s character and reputation. Although advocates of victim’s rights may see this decision as a victory, the reasoning of the …

Making Sense Of Criminal Law, James Boyd White

Book Chapters

When a student comes to law school, he leaves behind a world he knows and understands and turns to another world, that of the law, which at the beginning he cannot comprehend. He is immersed in a body of literature that is at once assertive and confusing; he attends a series of classes in which his teacher seems to make the unsettling assumption that he already knows what he came to learn. One question he will naturally ask himself of all this - his experience of the law - is whether it makes any sense to him. And for a …

Does "Unlawful" Mean "Criminal"?: Reflections On The Disappearing Tort/Crime Distinction In American Law, John C. Coffee Jr.

Faculty Scholarship

What sense does it make to insist upon procedural safeguards in criminal prosecutions if anything whatever can be made a crime in the first place?
—Professor Henry M. Hart, Jr.

My thesis is simple and can be reduced to four assertions. First, the dominant development in substantive federal criminal law over the last decade has been the disappearance of any clearly definable line between civil and criminal law. Second, this blurring of the border between tort and crime predictably will result in injustice, and ultimately will weaken the efficacy of the criminal law as an instrument of social control. Third, …

Jewish Law And The State’S Authority To Punish Crime, J. David Bleich

Articles

No abstract provided.

Impeachment Of Jury Verdicts: Tanner And Beyond, James W. Diehm

James W. Diehm