Law Commons^™

Putting Starch In European Efforts To Combat Money Laundering, Scott E. Mortman

Fordham Law Review

No abstract provided.

The Paradox Of Punishment, Paul Campos

Publications

Retribution demands reciprocity. In this Essay, Professor Campos contends that classic retributive theory encounters a logical paradox when it attempts to equalize the status of criminal and victim through the institution of punishment. This paradox arises out of a clash between the deontological requirements of equality and justice. He concludes by speculating on the historical relationship between rationalist justifications for vengeance and the elimination of punishment as public spectacle.

Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn

St. Mary's Law Journal

In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …

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 …

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

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.

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

New York Law School Events and Publications

No abstract provided.

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 …

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 …

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

Faculty Scholarship

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 …

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

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 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 …

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.

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, …

Criminal Law, Michael V. Hammond, Anthony L. Harbin, William R. Calhoun Jr., Matthew Hubbell, Lucinda G. Wichmann

South Carolina Law Review

No abstract provided.

The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer

Dalhousie Law Journal

Why bother annotating the Criminal Code? At first blush the answer seems as plain to the casual reader as it did to Sir Charles: judges and others join Parliament in making criminal law. Indeed, despite the promise implicit in its short title, the Criminal Code is no more than An Act respecting the Criminal Law - a near-code which was and is a boat designed to be full of holes, to the great comfort of those standing by as it was launched in 1892 and, to a lesser extent, those hard at work bailing it out today. Today's Code admits …

Alaska Supreme Court Year In Review 1989, Douglas S. Phillips, F. Brian Schneiderman, Agustin D. Diodati

Alaska Law Review

No abstract provided.

The Relationship Between Criminal Liability And Sports: A Jurisprudential Investigation, Wayne R. Cohen

University of Miami Entertainment & Sports Law Review

No abstract provided.

Why The Criminal Justice System Can't Control Crime, Gerald S. Reamey

Faculty Articles

No abstract provided.

The Asymmetrical Conditions Of Legal Responsibility In The Marketplace, Bailey H. Kuklin

University of Miami Law Review

No abstract provided.

An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt

Duke Law Journal

No abstract provided.

Cross-Examination Of Defendant's Character Witnesses: In Favor Of The Prosecutor's Inquiry Into The Charges At Bar, Risa Karen Plaskowitz

Fordham Law Review

No abstract provided.

The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns

St. Thomas Law Review

To brand a child a criminal for life is harsh enough retribution for almost any offense. But it becomes an all but inconceivable response when we realize that to so brand him may in fact make him a criminal for life.... [C]asting a youthful offender to the wolves who prowl adult jails may well dash any hope that he will mature to be a civilized man. During the last thirty years, the juvenile justice system has been the focus of controversy ranging from concern over the lack of "due process" safeguards inherent in its informal procedures, to public outrage over …

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.

Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng

Faculty Scholarship

American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.

Foreword: Drug Decriminalization: A Chorus In Need Of Masterrap's Voice, Dwight L. Greene

Hofstra Law Review

No abstract provided.

An Argument In Favor Of Decriminalization, Kurt L. Schmoke

Hofstra Law Review

This Article discusses the reasons why a policy of prohibition has not only failed to solve the drug abuse problem, but has made the problem worse. In response to such failings, this Article recommends, as an alternative to a drug-policy based on law enforcement, a measured and carefully implemented program of drug decriminalization based on the public health system. An alternate name for this policy is "medicalization."

Legal Cocaine And Kids: The Very Bitterness Of Shame, Gregory A. Loken Esq., James Kennedy M.D.

Hofstra Law Review

No abstract provided.