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Full-Text Articles in Law

Faithfully Negligent: Religious Implications For Criminal Negligence Cases, Supreet Kaur Bath Aug 2020

Faithfully Negligent: Religious Implications For Criminal Negligence Cases, Supreet Kaur Bath

Master of Laws Research Papers Repository

Do the actions of parents in withholding medical treatment from their children due to religious influence show wanton or reckless disregard for the safety and lives of their children? This project investigates the morally and legally complicated issue of the influence of religious beliefs in criminal negligence cases. My MRP is animated by the idea that similar cases in the past have been treated with leniency and ought to be given stricter punishments.

I focus in particular on cases in which parents opt for alternative remedies or faith healing for ill children in ignorance or defiance of available medical treatments. …


How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan Jan 2020

How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan

Touro Law Review

No abstract provided.


Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock Dec 2009

Leviathan Menacing The Gulf Coast: Catastrophic Consequences May Imperil The Rule Of Law, Beau James Brock

Beau James Brock

The criminal negligence standard under the Clean Water Act should be one of gross negligence and not merely ordinary negligence and the United States Fifth Circuit Court of Appeals should not be tested on this point of law as it will disagree with the previous findings of the Ninth and Tenth Circuits.


Negligence-Based Environmental Crimes: Failing To Exercise Due Care Can Be Criminal, Joseph J. Lisa Jan 2007

Negligence-Based Environmental Crimes: Failing To Exercise Due Care Can Be Criminal, Joseph J. Lisa

Villanova Environmental Law Journal

No abstract provided.


Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger Jan 2005

Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger

University of Colorado Law Review

No abstract provided.


A More Principled Approach To Criminalizing Negligence: A Prescription For The Legislature, Leslie Yalof Garfield Jan 1998

A More Principled Approach To Criminalizing Negligence: A Prescription For The Legislature, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This discussion focuses on those jurisdictions that have used ordinary negligence to find criminal liability when a person uses an inherently dangerous instrument, engages in an inherently dangerous activity, or engages in conduct that poses a threat of widespread public injury. Part IV analyzes the appropriateness of permitting punishment based on ordinary negligence and concludes that it is entirely responsible to adjust criminal sanctions to respond to a fast-paced and technologically reliant culture that consciously trades due care for greater and swifter achievements. Part IV also offers a model for legislatures to follow when evaluating the appropriateness of criminalizing negligent …


The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher Jan 1971

The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher

Faculty Scholarship

Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …


"The Devil May Care"--Or Should We? A Re-Examination Of Criminal Negligence, Gerhard O. W. Mueller Jan 1966

"The Devil May Care"--Or Should We? A Re-Examination Of Criminal Negligence, Gerhard O. W. Mueller

Kentucky Law Journal

No abstract provided.


Criminal Law-Involuntary Manslaughter- Presence As A Pre-Requisite To Liablity For Permitting An Incompetent To Drive An Automobile, Peter D. Byrnes S. Ed Nov 1961

Criminal Law-Involuntary Manslaughter- Presence As A Pre-Requisite To Liablity For Permitting An Incompetent To Drive An Automobile, Peter D. Byrnes S. Ed

Michigan Law Review

Defendant gave his car keys to an intoxicated friend and permitted him to operate the vehicle while the defendant was at home in bed. As he was driving on the wrong side of the highway, the friend was involved in a head-on collision which resulted in the death of the drivers of both vehicles. Defendant was convicted of involuntary manslaughter and of the misdemeanor of allowing an intoxicated person to operate his automobile. On appeal, held, conviction of manslaughter reversed. Although one who permits an intoxicated person to drive his car is guilty of a misdemeanor, he cannot be …


A Rationale Of Criminal Negligence, Roy Mitchell Moreland Jan 1944

A Rationale Of Criminal Negligence, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


A Rationale Of Criminal Negligence, Roy Mitchell Moreland Jan 1944

A Rationale Of Criminal Negligence, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


A Rationale Of Criminal Negligence, Roy Mitchell Moreland Jan 1943

A Rationale Of Criminal Negligence, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


The External Circumstances In Criminal Negligence Cases, Marcus Redwine Jr. Jan 1942

The External Circumstances In Criminal Negligence Cases, Marcus Redwine Jr.

Kentucky Law Journal

No abstract provided.


Individual Physical Characteristics As Affecting The Standard Of Care In Criminal Negligence Cases, Robert M. Spragens Jan 1942

Individual Physical Characteristics As Affecting The Standard Of Care In Criminal Negligence Cases, Robert M. Spragens

Kentucky Law Journal

No abstract provided.


The Standard Of Care In Criminal Negligence; Manslaughter, Alan Roth Vogeler Jan 1939

The Standard Of Care In Criminal Negligence; Manslaughter, Alan Roth Vogeler

Kentucky Law Journal

No abstract provided.


Criminal Negligence--Is It Subjective Or Objective In Homicide Cases?, J. Wirt Turner Jr. Jan 1939

Criminal Negligence--Is It Subjective Or Objective In Homicide Cases?, J. Wirt Turner Jr.

Kentucky Law Journal

No abstract provided.


Criminal Law--The Standard Of Care In Criminal Negligence--Manslaughter, J. Wirt Turner Jr. Jan 1939

Criminal Law--The Standard Of Care In Criminal Negligence--Manslaughter, J. Wirt Turner Jr.

Kentucky Law Journal

No abstract provided.


Criminal Negligence--A Workable Definition, Phillip Schiff Jan 1938

Criminal Negligence--A Workable Definition, Phillip Schiff

Kentucky Law Journal

No abstract provided.


Jurisdictions Adopting The Tort Standard Of Care In Criminal Negligence, Ramon A. Woodall Ii Jan 1938

Jurisdictions Adopting The Tort Standard Of Care In Criminal Negligence, Ramon A. Woodall Ii

Kentucky Law Journal

No abstract provided.


Criminal Negligence--In The Use Of Firearms And Automobiles, Charles Tignor Jan 1937

Criminal Negligence--In The Use Of Firearms And Automobiles, Charles Tignor

Kentucky Law Journal

No abstract provided.


Criminal Negligence--Standard Of Care Necessary, W. S. Jett Jr. Jan 1937

Criminal Negligence--Standard Of Care Necessary, W. S. Jett Jr.

Kentucky Law Journal

No abstract provided.


Criminal Liability In Negligence Cases, E. W. Salisbury Jan 1937

Criminal Liability In Negligence Cases, E. W. Salisbury

Kentucky Law Journal

No abstract provided.


Criminal Negligence--Statutory Regulation, Sam Milner Jan 1936

Criminal Negligence--Statutory Regulation, Sam Milner

Kentucky Law Journal

No abstract provided.


Criminal Negligence--Statutory Regulation (Ii), Joseph S. Freeland Jan 1936

Criminal Negligence--Statutory Regulation (Ii), Joseph S. Freeland

Kentucky Law Journal

No abstract provided.


Criminal Negligence--Omission To Discharge A Legal Duty, Town Hall Jan 1936

Criminal Negligence--Omission To Discharge A Legal Duty, Town Hall

Kentucky Law Journal

No abstract provided.


Criminal Negligence--Regulation By Statute, David W. Carter Jan 1936

Criminal Negligence--Regulation By Statute, David W. Carter

Kentucky Law Journal

No abstract provided.