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Obiter Dictum, Vol. 2, No. 2 (Winter, 1973), Obiter Dictum

Obiter Dictum

No abstract provided.

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …

Judicial Legerdemain: 18 U.S.C. § 3501 Pulled From Miranda's Hat, Robert M. Levine

Fordham Law Review

No abstract provided.

Kentucky Penal Code: The Culpable Mental States And Related Matters, Robert G. Lawson

Law Faculty Scholarly Articles

All efforts to improve the criminal law of this commonwealth prior to 1972 were directed toward relatively narrow problems. Legislative changes in the law had been made from time to time, almost always without conscious regard for the manner in which related principles were affected. Defects of considerable importance resulted. The criminal law became substantially disjointed and difficult of administration. Unjust and inequitable treatment of offenders was more prominent than its opposite. In some instances sanctions were clearly inadequate for the type of behavior sought to be controlled. In others they were grossly disproportionate to the social harms used to …

Criminal Responsibility And The Drug Dependence Defense--A Need For Judicial Clarification, Irene A. Sullivan

Fordham Law Review

No abstract provided.

Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile

Journal Articles

When I first began teaching six years ago at the Catholic University Law School, one of the two sections of Criminal Law and Procedure assigned to me was approximately 33 % larger than the other. I remember feeling a considerable difference in atmosphere in the two sections, due to the numbers involved. In the smaller section, discussion seemed more intimate, more coherent, more shared by all the students. I felt able to know students better and more quickly. It is stunning now to realize that the larger section in that 1966-67 school year numbered 32 students! When I left Catholic …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH

LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS

SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT

COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION

2. BORDER SEARCHES

A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST

3. CONSTITUTIONAL LAW

STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE

4. …

Perennial Problems Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …

Schneckloth V. Bustamonte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Criminal Law--Accessory Before The Fact To Misdemeanor--A Legal Impossibility, Charles C. Wehner

West Virginia Law Review

No abstract provided.

Warrantless Searches Incident To Arrest, Joseph G. Cook

Scholarly Works

No abstract provided.

The Art Of Frisking, Joseph G. Cook

Scholarly Works

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Topics Discussed in Recent Cases:

Administrative Law--Freedom of Information Act--Unclassified Documents Physically Connected with Classified Documents May Not Be Withheld Under the National Security and Foreign Affairs Secrets Exemption

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Antitrust--Treble Damage Class Actions--Privity with Defendant Required To Maintain Suit

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Constitutional Law--Equal Protection-State Probate Code Discriminating in Favor of Males Violates Equal Protection Clause

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Constitutional Law--Federal Preemption--Atomic Energy Act Requires Exclusive Federal Regulation of Radioactive Discharges from Nuclear Power Plants

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Corporations -Shareholder Suits -Shareholder May Inspect Corporate Records Only for Proper Purpose Ger-mane to his Economic Interest As Shareholder, Not Merely To Further his Own Social and …

Criminal Law In Tennessee In 1971 - A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.

A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne

Cleveland State Law Review

No fair observer could deny that there are glaring flaws in our system of criminal justice. The mention of only a few will suffice to illustrate the point: The police are insensitive to civil rights, and brutal to the poor and to minorities; prosecutors victimize the defenseless who are unable to obtain adequate counsel to protect their rights. And all this is done in the name of law and order. Only the brutalized members of minorities-both racial, ethnic, and financial-are more aware of these injustices than are today's law students. These students rightly burn with a combination of indignation at …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

The purpose of the Case Digest is to identify and summarize for the reader those cases that have less significance than those which merit an in-depth analysis. Included in the digest are cases that apply established legal principles without necessarily introducing new ones. This initial digest includes cases reported from January through September,1971. Henceforth, the Winter issue will include cases reported from April through September, and the Spring issue will contain cases reported from October through March. The cases are grouped into topical categories, and references are given for further research. It is hoped that attorneys, judges, teachers and students …

Espionage In Transnational Law, Leslie S. Edmondson

Vanderbilt Journal of Transnational Law

Traditionally, spies have been defined as "secret agents of a State sent abroad for the purpose of obtaining clandestinely information in regard to military or political secrets." Older authorities have stated emphatically that the gravamen of espionage is the employment of disguise or false pretense. Such deception has been the justification for visiting the severest of penalties upon the captured spy. Curiously, however, the employment of spies has not been considered reprehensible conduct. The refusal to officially acknowledge the commissioning of a spy operated to relieve the government of any responsibility either to the offended state or to the secret …

The Public And Private International Response To Aircraft Hijacking, Gary N. Horlick

Vanderbilt Journal of Transnational Law

The interests of aircraft hijackers are not easily summarized, if for no other reason than that the motivation of a given incident often cannot be clearly defined. For example, the recent extortion hijackings could have been motivated as easily by a desire for notoriety or other psychological reward as by a desire for cash. Hijackers exhibit, however, several recurring motivations. One fairly consistent element is the desire of the hijacker to escape the country in which he lives. Clearly, this motive was present in the eighteen attempts (eleven successes, seven failures) to flee Eastern European countries since 1960 by hijackers …

Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr.

Faculty Scholarship

The purpose of this article is to examine juvenile record systems maintained by police authorities. A primary thesis is that current procedures governing the creation and dissemination of such records are so severely misguided by underlying parens patriae concepts that they often result in the purposeless stigmatization of a far greater range of youths than the juvenile justice system has any justification in attempting to deal with. Indeed, increasing evidence suggests that the net effect of such record keeping is to ensure that many of the subject juveniles will mature into confirmed delinquents.

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.

Requisite Particularity In Search Warrant Authorizations, Joseph G. Cook

Scholarly Works

No abstract provided.

Varieties Of Detention And The Fourth Amendment, Joseph G. Cook

Scholarly Works

No abstract provided.

Criminal Law And Population Control, Kent Greenawalt

Vanderbilt Law Review

Several important questions can be asked about criminal law and the population problem. One is how greatly overpopulation, with its contribution to poverty and urban crowding, is a cause of crime, and, obversely, the extent to which population control would be a form of crime control. Another question is how much population growth increases the range of behavior that is and should be covered by criminal sanctions.' Although these and other questions deserve attention, the purpose of this article is more modest-to consider possible changes in criminal law that could help ease the population problem.

Probable Cause To Arrest, Joseph G. Cook

Scholarly Works

No abstract provided.

Criminal Law--Jurisdiction To Revoke Parole

West Virginia Law Review

No abstract provided.

Criminal Law In Tennessee In 1970 - A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.

Subjective Attitudes Of Arrestee And Arrestor As Affecting Occurrence Of Arrest, Joseph G. Cook

Scholarly Works

No abstract provided.

Threats As Criminal Assault, Ranelle A. Gamble

Cleveland State Law Review

Early in its history, the common law found it imperative to acknowledge and define an individual's interest in his personal integrity, physical safety and mental tranquility. The law formulated the legal rules of assault to protect this particular interest when it is wrongfully interfered with by another.' In this latter half of a nerve-wracking twentieth century, it is becoming necessary to revive the early concepts of common law assault, and under certain circumstances, to redress abusive and insulting language. Any principle of common law, particularly one concerned with the control of human behavior, has social implications, and such principle, whether …