Law Commons^™

The Moral And Practical Case For Drug Legalization, James Ostrowski

Hofstra Law Review

No abstract provided.

Solving The Drug Problem: A Public Health Approach To The Reduction Of The Use And Abuse Of Both Legal And Illegal Recreational Drugs, Steven Jonas

Hofstra Law Review

No abstract provided.

Report From The Front Line: The Bennett Plan, Street-Level Drug Enforcement In New York City And The Legalization Debate, Michael Z. Letwin

Hofstra Law Review

No abstract provided.

A Bill To Repeal Criminal Drug Laws: Replacing Prohibition With Regulation, Joseph L. Galiber

Hofstra Law Review

No abstract provided.

Creation Of An International Anti-Prohibitionist League In The Field Of Drugs, Marie-Andree Bertrand

Hofstra Law Review

No abstract provided.

Drug Legalization: The Importance Of Asking The Right Question, Mark A. R. Kleiman, Aaron J. Saiger

Hofstra Law Review

No abstract provided.

The Issue Of Legalizing Illicit Drugs, John C. Lawn

Hofstra Law Review

No abstract provided.

The Uneasy Decriminalization: A Perspective On Dutch Drug Policy, Henk Jan Van Vliet

Hofstra Law Review

No abstract provided.

Notes From The Front: A Dissident Law-Enforcement Perspective On Drug Prohibition, John T. Schuler, Arthur Mcbride

Hofstra Law Review

No abstract provided.

Compulsory Psychological Examination In Sexual Offense Cases: Invasion Of Privacy Or Defendant’S Right?, Judith Greenberg

Fordham Law Review

No abstract provided.

How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch

Faculty Scholarship

The title of this paper asks what appears to be a simple and important question: Just how much does the availability of extensive private civil remedies for violation of the RICO statute add to the effort to ensure compliance with the norms of criminal law? These remarks address only civil RICO actions by private plaintiffs. The once-rare, but increasingly frequent, civil RICO actions brought by the United States present very different issues. This question is, of course, only a part of any assessment of the value of civil RICO. One may conclude that civil RICO is of little or no …

A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch

Faculty Scholarship

RICO is nearing its twentieth birthday, but it may not be a happy one. In fact, 'tis the season for critics of RICO to be, if not jolly, at least highly active. A House subcommittee and the Senate Judiciary Committee have held hearings on RICO reform, the popular and business press has published numerous debates and criticisms involving fairly arcane points of civil and criminal law, scholars and lawyers have filled law reviews and legal newspapers with articles often critical of the statute, and the pressure has been building for statutory changes.

As the pressure for change has intensified, and …

The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell

Vanderbilt Journal of Transnational Law

This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …

Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas

Faculty Scholarship

In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.^{2 …}

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

Articles by Maurer Faculty

In this Article I provide an economic analysis of criminal law as a preference-shaping policy. I argue that in addition to creating disincentives for criminal activity, criminal punishment is intended to promote various social norms of individual behavior by shaping the preferences of criminals and the population at large. By taking into account this preference-shaping function, I explain many of the characteristics of criminal law that have heretofore escaped the logic of the economic model. It is also the preference-shaping function and the prerequisite ordering of preferences that distinguish criminal law from tort law. My analysis suggests that society will …

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …

Canadian Criminal Jury Instructions, James P. Taylor

Dalhousie Law Journal

Canadian Criminal Jury Instructions ("CRIMJI") is an ambitious project. The authors, the Honourable Mr. Justice John Bouck (of the Supreme Court of British Columbia) and Professor Gerry Ferguson (of the Faculty of Law, University of Victoria) set out to provide a book that will "assist Canadian judges and Canadian lawyers in drafting and delivering a charge to a jury in a criminal case". The authors' twovolume work handily accomplishes this objective.

The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner

Law Faculty Publications

No abstract provided.

The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo

Maryland Series in Contemporary Asian Studies

No abstract provided.

A Functional View Of The Rule Of Lenity: Does Theft Of Misaddressed Mail Violate The Federal Mail Theft Statute?, Edward L. Hammer

Fordham Law Review

No abstract provided.

Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne

Faculty Scholarship

This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.

"Willfulness" And "Ignorance" In Federal Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim, Steve Wise

Faculty Publications

No abstract provided.

"I Fought The Law And The Law Won": A Report On Women And Disparate Sentencing In South Dakota, Frank Pommersheim, Christine Hutton, Steve Feimer

Faculty Publications

No abstract provided.

The Victim And Witness Protection Act Of 1982: Retroactive Application For Continuing Crimes, Douglas J. Kepple

Fordham Law Review

No abstract provided.

Judge David Bazelon: Questioning Authority (Review Essay), Geoffrey P. Alpert

Faculty Publications

No abstract provided.

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

Articles

No abstract provided.

Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly

Fordham Law Review

No abstract provided.

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis

Scholarly Works

The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …

Criminal Law, Edwin L. Turnage, David G. Hill, Stephanie A. Holmes, Elizabeth S. Moise, B. R. Smith Iii, Daniel J. Westbrook, Andrew E. Thomas, Robert Wilson Iii, A. M. Quattlebaum Jr., Jeanne M. Nystrom, James F. Rogers

South Carolina Law Review

No abstract provided.