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Articles 301 - 330 of 338
Full-Text Articles in Law
Evaluating The Fourth Amendment Exclusionary Rule: The Problem Of Police Compliance With The Law, William C. Heffernan, Richard W. Lovely
Evaluating The Fourth Amendment Exclusionary Rule: The Problem Of Police Compliance With The Law, William C. Heffernan, Richard W. Lovely
University of Michigan Journal of Law Reform
Part I of this article reviews background matters bearing on our research - in particular, we discuss the Court's framework for analyzing exclusion as a deterrent safeguard, the research questions that need to be raised within that framework, and the research strategy we adopted in light of the Court's approach to exclusion. Part II analyzes our findings on police knowledge of the rules of search and seizure. Part III analyzes our findings on officers' willingness to obey the law. Part IV evaluates our findings in light of policy questions concerning the exclusionary rule. We consider whether the Court should retain …
The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue
The First-Party Insurance Externality: An Economic Justification For Enterprise Liability, Jon D. Hanson, Kyle D. Logue
Articles
This Article explores the insurance and deterrence implications of important and long overlooked facts. Consumers are insured through first-party mechanisms against most of the risks of product accidents. However, first-party insurers rarely and imperfectly adjust premiums according to an individual consumer's decisions concerning exactly what products she will purchase, how many of those products she will purchase, and how carefully she will consume them. Such consumer decisions we refer to as "consumption choices. " This failure by first-party insurers to adjust premiums according to consumption choices gives rise to a first-party insurance externality. Based on this insight, this Article offers …
Toward A More Efficient Deterrence Of Insider Trading: The Repeal Of Section 16(B), Marleen A. O’Connor
Toward A More Efficient Deterrence Of Insider Trading: The Repeal Of Section 16(B), Marleen A. O’Connor
Fordham Law Review
No abstract provided.
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin
Cleveland State Law Review
Punitive, or exemplary damages, have been recognized in the Anglo-American common law systems for two centuries. This Article explores the consequences of treating punitive damages as a private means of punishment. Light is shed on the controversies surrounding, first, the attempt to adopt a standard of punishment, private or public, and second, to apply such a standard. The concentration on punitive damages for this exploratory undertaking, instead of criminal sanctions, avoids the need to account for additional imputed public penal purposes, such as rehabilitation and isolation. As a preliminary matter, the emphasis of this Article should be made clear. The …
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
St. Mary's Law Journal
Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering with, interference with, loss of, or destruction of evidence. Spoliation of evidence is a serious legal problem because it increases a litigant’s difficulty in proving a cause of action or a defense. Evidence destruction may also increase litigation costs and cause the trial court to make factfinding errors. Texas courts should adopt the tort of spoliation of evidence because it compensates injured litigants and deters future acts of spoliation. Another reason for adopting the tort for spoliation of evidence is the inadequacy of alternative …
"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan
"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan
Faculty Articles
This interdisciplinary study investigates the meanings of incarceration through an analysis of prison memoirs and novels. It argues that many prisoners and nonprisoners exhibit powerful positive associations to penal confinement. The Article draws on psychoanalysis, philosophy, and sociology to account for the various kinds of attraction that prison exerts. The Article also considers the interrelationships between the analysis of the positive images and three traditional purposes of punishment: rehabilitation, deterrence, and retribution.
Unpleasant Facts: The Supreme Court's Response To Empirical Research On Capital Punishment, Phoebe C. Ellsworth
Unpleasant Facts: The Supreme Court's Response To Empirical Research On Capital Punishment, Phoebe C. Ellsworth
Book Chapters
Slowly at first, and then with accelerating frequency, the courts have begun to examine, consider, and sometimes even require empirical data. From 1960 to 1981, for example, use of the terms "statistics" and "statistical" in Federal District and Circuit Court opinions increased by almost 15 times.1 Of course, citation rates indicate only that a topic is considered worthy of mention, not that it is taken seriously, or even understood. Nonetheless, in a number of areas, such as jury composition and employment discrimination, the courts have come to rely on empirical data as a matter of course.
In the last 25 …
Punishment: Desert And Crime Control, Ernest Van Den Haag
Punishment: Desert And Crime Control, Ernest Van Den Haag
Michigan Law Review
A Review of Past or Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals by Andrew von Hirsch
Road Signs And The Goals Of Justice, Joseph Sanders
Road Signs And The Goals Of Justice, Joseph Sanders
Michigan Law Review
Review of Ideals, Beliefs, Attitudes, and the Law: Private Law Perspectives on a Public Law Problem by Guido Calabresi
Abusive Litigation In Georgia: Deterrence And Compensation, John D. Hipes
Abusive Litigation In Georgia: Deterrence And Compensation, John D. Hipes
Georgia State University Law Review
No abstract provided.
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
Michigan Law Review
A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell
Deterrence And Desert In Tort: A Comment, David G. Owen
Deterrence And Desert In Tort: A Comment, David G. Owen
Faculty Publications
No abstract provided.
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Retribution And Deterrence: The Role Of Punitive Damages In Products Liability Litigation, Richard C. Ausness
Law Faculty Scholarly Articles
Punitive damages constitute an award to an injured party above what is necessary to compensate for actual loss. This Article considers whether punitive damages are an effective means of promoting the goals of products liability law. Section I traces the use of punitive damages in products liability litigation from the early 1960's to the present time. Section II examines the traditional rationales for punitive damages and considers whether they are appropriate in the products liability context. Finally, Section III evaluates some of the measures that commentators have proposed to adapt more fully the concept of punitive damages to products liability …
Islamic Law And The Crime Of Theft: An Introduction, David F. Forte
Islamic Law And The Crime Of Theft: An Introduction, David F. Forte
Cleveland State Law Review
This Article introduces the concept of theft in Islamic law. As such, it does not pretend to be comprehensive either in the data it puts forth or in its analysis. Rather, the Article raises a number of issues for discussion, and offers, most tentatively, suggested answers to the following points: 1) whether theft in Islamic law properly belongs to the species of manifest criminality; 2) what possible justifications exist for such an extreme penalty; 3) what were the requirements for conviction; and 4) some concluding observations as to why the classical jurists encumbered a prosecution for theft with so many …
Colloquy, Mr. Wiseman, Professor Uviller, Ms. Rosen, Professor Zeisel, Professor Reiss, Mr. Washington, Mr/ Carrington, Ms. Collins, Professor Tonry, Mr. Hishta
Colloquy, Mr. Wiseman, Professor Uviller, Ms. Rosen, Professor Zeisel, Professor Reiss, Mr. Washington, Mr/ Carrington, Ms. Collins, Professor Tonry, Mr. Hishta
Vanderbilt Law Review
At present, our system of criminal law administration has a considerable Rube Goldberg quality to it. Once the system decides to imprison a particular defendant--if we except from the generalization the couple of states that recently changed their laws in fundamental respects--the judge naturally asks himself what will happen when this man goes to prison. The answer is that the convicted offender will sit in prison for as long as the parole board wants him to. The judge must next consider whether any constraints exist on the parole board's decisions on when to release people from prison. In a third …
Deterrence, Death, And The Victims Of Crime: A Common Sense Approach, Frank G. Carrington
Deterrence, Death, And The Victims Of Crime: A Common Sense Approach, Frank G. Carrington
Vanderbilt Law Review
The concept of deterrence is one of the most important in the formulations of the victim advocate, primarily because of two essential premises that underlie the entire field of victim advocacy.The first, but not necessarily the most important, of these premises concerns the policy that favors assuaging the plight of persons after they have been victimized. This relief can be provided in a number of different ways: compensation to innocent victims from the states; restitution to victims as a condition of granting probation to the criminal; victim counselling; and victim/witness assistance programs.' The second premise of victim advocacy, namely,preventing victimization …
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.
Two Theories Of Criminal Justice, Alsen D. Miller
Two Theories Of Criminal Justice, Alsen D. Miller
Michigan Law Review
A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross
Commentary: The Due Process Considerations In The Imposition Of Corporate Liability, Mark Crane
Commentary: The Due Process Considerations In The Imposition Of Corporate Liability, Mark Crane
Northern Illinois University Law Review
An analysis that criticizes Professor Coffee's suggestions for corporate sanctions as being violative of fundamental notions of due process. Mr. Crane also observes that the threat of individual liability may be the most effective method of corporate deterrence.
Making The Punishment Fit The Corporation: The Problems Of Finding An Optimal Corporation Criminal Sanction, John C. Coffee Jr.
Making The Punishment Fit The Corporation: The Problems Of Finding An Optimal Corporation Criminal Sanction, John C. Coffee Jr.
Northern Illinois University Law Review
A discussion of the major issues which hinder effective punishment and deterrence of corporate crime, followed by specific proposals for a system of sanctions more responsive to these traditional problems areas.
Political Factors In The Formulation Of National Strategy, Harold D. Lasswell
Political Factors In The Formulation Of National Strategy, Harold D. Lasswell
International Law Studies
No abstract provided.
The Possible Effects On Maritime Operations Of Any Future Convention Of The Law Of The Sea, Edward Ashmore
The Possible Effects On Maritime Operations Of Any Future Convention Of The Law Of The Sea, Edward Ashmore
International Law Studies
No abstract provided.
The Objectives Of Arms Control, James A. Barber Jr.
The Objectives Of Arms Control, James A. Barber Jr.
International Law Studies
No abstract provided.
What's Left Of Salt?, Richard T. Ackley
What's Left Of Salt?, Richard T. Ackley
International Law Studies
No abstract provided.
The Individual And International Law, Alona E. Evans
The Individual And International Law, Alona E. Evans
International Law Studies
No abstract provided.
Desert And Deterrence: An Evaluation Of The Moral Bases For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Evaluation Of The Moral Bases For Capital Punishment, Richard O. Lempert
Book Chapters
Because the death penalty was so influential in its development, the law of homicide cannot be thoroughly understood without considering the subject of capital punishment. The question of whether or not the State is justified in taking an offender's life has for centuries been fraught with controversy. Moreover, the law on the subject has become enormously complicated as the courts have attempted to assure that the death penalty is fairly administered.
Towards A New Order Of U.S. Maritime Policy, Geoffrey Kemp, Harlan K. Ullman
Towards A New Order Of U.S. Maritime Policy, Geoffrey Kemp, Harlan K. Ullman
International Law Studies
No abstract provided.
Congressional Authorization Of Indirect Purchaser Treble Damage Claims: The Illinois Brick Wall Crumbles , Andrew Tureff
Congressional Authorization Of Indirect Purchaser Treble Damage Claims: The Illinois Brick Wall Crumbles , Andrew Tureff
Fordham Law Review
No abstract provided.
Voluntary Disclosure Programs, Jacqueline C. Wolff
Voluntary Disclosure Programs, Jacqueline C. Wolff
Fordham Law Review
No abstract provided.
The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey
The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey
Cleveland State Law Review
One thing is abundantly clear from the analysis reported in this article: if Ohio is to reinstate capital punishment, its justification will have to be based upon grounds other than the deterrent effect of the death penalty for murder. Notwithstanding the opinion of some members of the United States Supreme Court, and possibly a majority of the Ohio House and Senate, the present analysis of Ohio's experience with capital punishment provides no justification for reinstating the death penalty as an effective means of dealing with the state's murder problem.