Law Commons^™

The Federalization Of Crime And Sentencing, Nora V. Demleitner

Scholarly Articles

Not available.

The Jurisprudence Of Willfulness: An Evolving Theory Of Excusable Ignorance, Sharon L. Davies

Duke Law Journal

Ignorantia legis non excusat-ignorance of the law does not excuse-is a centuries-old criminal law maxim familiar to lawyer and layperson alike. Under the doctrine, an accused finds little protection in the claim "But, I did not know the law," for all are presumed either to be familiar with the law's commands or to proceed in ignorance at their own peril. The ignorant must be punished along with the knowing, the maxim teaches, to achieve a better educated and more law-abiding populace and to avoid the easy-to-assert and difficult-to-dispute claim of ignorance that would otherwise flow from the lips of any …

The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen

Law and Contemporary Problems

Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.

Getting Out Of This Mess: Steps Toward Addressing And Avoiding Inordinate Delay In Capital Cases, Dwight Aarons

UTK Law Faculty Publications

No abstract provided.

Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester

Law and Contemporary Problems

Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.

Professional Athletes-Held To A Higher Standard And Above The Law: A Comment On High-Profile Criminal Defendants And The Need For States To Establish High-Profile Courts, Laurie Nicole Robinson

Indiana Law Journal

No abstract provided.

Racial Disparity And The Death Penalty, John C. Mcadams

Law and Contemporary Problems

McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.

Trade Secrets: How Well Should We Be Allowed To Hide Them? The Economic Espionage Act Of 1996, Rochelle Cooper Dreyfuss

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Universality Principle And War Crimes, Yoram Dinstein

International Law Studies

No abstract provided.

At Least Treat Us Like Criminals: South Carolina Responds To Victims' Pleas For Equal Rights, Thad H. Westbrook

South Carolina Law Review

No abstract provided.

Oliphant And Tribal Criminal Jurisdiction Over Non-Indians: Asserting Congress's Plenary Power To Restore Territorial Jurisdiction, Geoffrey C. Heisey

Indiana Law Journal

No abstract provided.

Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert W. Alschuler

West Virginia Law Review

No abstract provided.

Comparative Law Symposium: Is There A European Advantage In Criminal Procedure: Preface, Carl M. Selinger

West Virginia Law Review

No abstract provided.

Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard S. Frase

West Virginia Law Review

No abstract provided.

European Perspectives On The Accused As A Source Of Testimonial Evidence, Gordon Van Kessel

West Virginia Law Review

No abstract provided.

Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan

Alaska Law Review

No abstract provided.

Cyberlaundering: The Risks, The Responses, Sarah N. Welling, Andy G. Rickman

Law Faculty Scholarly Articles

This Article discusses the potential use of electronic cash for money laundering and possible government responses to the problem. Parts I and II provide an overview of electronic cash. Part III explores the effects that electronic cash can have on money laundering. Part IV explains through a series of hypotheticals how "cyberlaundering" can occur. Part V analyzes the federal government's response to the threat of money laundering with electronic cash. Part VI concludes the Article with suggestions.

Qualified Immunity: Ignorance Excused, Barbara E. Armacost

Vanderbilt Law Review

Public officials receive qualified immunity from damages liability for constitutional violations if they reasonably could have believed their actions were constitutional under clearly established law. In this regard qualified immunity is quite unusual. In most other legal contexts, failure to know the law is virtually never excused. The only other context where notice or knowledge of illegality plays any role is in criminal law, but even mistakes of penal law are rarely excused.

In this Article, Professor Armacost uses fair notice in criminal law as a paradigm for analyzing the role of notice in constitutional damages actions. She argues that …

Legal Images Of Motherhood: Conflicting Definitions From Welfare Reform Family And Criminal Law , Jane C. Murphy

Cornell Law Review

No abstract provided.

Bribery In Commerce - New Zealand, Frank X. Quin Mr

Frank X Quin

New Zealand's criminal law on bribery dates back nearly 100 years with virtually no attention to revision or reform over that period, reflecting (perhaps) the country's relatively corruption-free status. Yet there remains ambiguity on just what comes within the ambit of the criminal offences and, especially, what is meant by "corruptly".

Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle

ILSA Journal of International & Comparative Law

Since the late 1970's, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines.

Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan

Law and Contemporary Problems

A strategy for regaining control of federal criminal law, the reallocation of interpretive criminal law-making power within the Executive Branch, is discussed.

Can Inordinate Delay Between A Death Sentence And Execution Constitute Cruel And Unusual Punishment?, Dwight Aarons

UTK Law Faculty Publications

No abstract provided.

Legal Images Of Motherhood: Conflicting Definitions From Welfare "Reform," Family And Criminal Law, Jane C. Murphy

All Faculty Scholarship

Part I of this Article explores the traditional idealized view of motherhood that child placement statutes and court decisions reflect. These laws include statutes and case law in custody disputes between parents and in child protection proceedings under civil and criminal laws where the dispute is between the parent and the state. Part II contrasts the legal construct of motherhood that child placement laws embody with the legal image of mothers in child support and welfare law.

Part III examines the impact of these conflicting images of motherhood on a particular group of mothers -- battered women. Battered women illuminate …

Battered Women Syndrome As A Tort Cause Of Action, Heather Tonsing

Journal of Law and Health

The focus of this Note is the upcoming development of a new tort cause of action which would afford battered women full recovery and also help alleviate a growing public health epidemic. This Note argues that battered women syndrome is a valid psychological theory which has a place in civil litigation as a recognized cause of action. Although the theory is criticized by feminist scholars who believe that the testimony may perpetuate gender bias in criminal trials, the syndrome is still advantageous for women seeking redress in civil courts. Part I examines the phenomenon of battered women syndrome and its …

Exiling The New Felons: The Consequences Of The Retroactive Application Of Aggravated Felony Convictions To Lawful Permanent Residents

San Diego Law Review

Aliens who commit serious crimes must undoubtedly be deported. American citizens need neither endure the atrocities committed by alien terrorists nor continue to subsidize the unstoppable river of illegal aliens flowing across the borders. Today, over four million illegal aliens live in the United States; at least a quarter of a million more undocumented aliens enter this country each year,' contributing to the serious immigration problems suffered by the United States. Though the concerns raised by immigration policies have periodically surfaced during the last few decades, both legal immigrants and illegal aliens were largely ignored or tolerated during much of …

Criminal Law: Diagram Of A Drug Sentence--Defining Mixture Or Substance On The Basis Of Utility In United States V. Richards, Matthew Thomas Geiger

Oklahoma Law Review

No abstract provided.

Criminal Law: Oklahoma's New Standard Of Proof In Competency Proceedings: Due Process, State Interests, And A Murderer Named Cooper--Cooper V. Oklahoma, Seth Branham

Oklahoma Law Review

No abstract provided.

The Irony Of Harmless Error, Charles S. Chapel

Oklahoma Law Review

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.