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Articles 1 - 18 of 18

Full-Text Articles in Law

Behind The Shield? Law Enforcement Agencies And The Self-Critical Analysis Privilege, Josh Jones Sep 2003

Behind The Shield? Law Enforcement Agencies And The Self-Critical Analysis Privilege, Josh Jones

Washington and Lee Law Review

No abstract provided.


Toward A Criminal Law For Cyberspace: Distributed Security, Susan Brenner Aug 2003

Toward A Criminal Law For Cyberspace: Distributed Security, Susan Brenner

ExpressO

The article analyzes the structure and evolution of the current, traditional model of law enforcement and explains why this model is not an effective means of addressing computer-facilitated criminal activity. It begins by analyzing the operation of rules in collective systems composed of biological or artificial entities; it explains that every such system utilizes basic, constitutive rules to maintain both internal and external order. The article explains that intelligence has a profound effect upon a system’s ability to maintain internal order. Intelligence creates the capacity for deviant behavior, i.e., the refusal to abide by constitutive rules, and this requires the …


Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence Jul 2003

Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence

Law and Contemporary Problems

No abstract provided.


Drug Wars In Black And White, Joseph E. Kennedy Jul 2003

Drug Wars In Black And White, Joseph E. Kennedy

Law and Contemporary Problems

The debate over the racial complexion of the war against drugs often devolves into a clash of fundamental assumptions that are difficult to either validate or refute. Ultimately, however, the criminal justice system is destined to find crime only where it looks for crime.


And The Wall Came Tumbling Down: Secret Surveillance After The Terror, William C. Banks Jul 2003

And The Wall Came Tumbling Down: Secret Surveillance After The Terror, William C. Banks

University of Miami Law Review

No abstract provided.


Drug Regulations And The Constitution After Western States, Margaret Gilhooley Mar 2003

Drug Regulations And The Constitution After Western States, Margaret Gilhooley

University of Richmond Law Review

No abstract provided.


Devolution And Discrimination, Victor C. Romero Jan 2003

Devolution And Discrimination, Victor C. Romero

Journal Articles

This essay explores the issue of whether discrimination against two historically disadvantaged groups - racial minorities, on the one hand, and gays and lesbians, on the other - might increase or decrease should the federal immigration power devolve to the individual states. I conclude that while the lack of uniformity that accompanies immigration law devolution might lead to undesirable results in welfare reform and criminal law enforcement, and would likely not stem the tide of racism, it might lead to the opening of opportunities for gay Americans to petition their binational partners for immigration benefits. Such a development would turn …


A Review Of South Dakota Criminal Justice: A Study Of Racial Disparities By Richard Braunstein And Steve Feimer, Frank Pommersheim, Elsie Meeks Jan 2003

A Review Of South Dakota Criminal Justice: A Study Of Racial Disparities By Richard Braunstein And Steve Feimer, Frank Pommersheim, Elsie Meeks

Frank Pommersheim

No abstract provided.


Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett Jan 2003

Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett

University of Richmond Law Review

No abstract provided.


Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia E. Salkin Jan 2003

Teaching Government Law & Policy In Law School: Reflections On Twenty-Five Years Of Experience, Patricia E. Salkin

Scholarly Works

No abstract provided.


Incomplete Law, Katharina Pistor, Chenggang Xu Jan 2003

Incomplete Law, Katharina Pistor, Chenggang Xu

Faculty Scholarship

This Article develops a framework for analyzing the relation between basic features of statutory and case law and the design and functioning of institutions that enforce this law. The basic premise is that law is inherently incomplete and that this has important implications for law enforcement. In particular, when law is incomplete, special emphasis needs to be placed on the allocation of lawmaking and law enforcement powers (LMLEP) to different institutions such as legislatures, courts, or regulators, in order to attain optimal levels of law enforcement. Using the development of the legal framework governing financial markets as an example to …


Beyond Elegance: A Testable Typology Of Social Norms In Corporate Environmental Compliance, Michael P. Vandenbergh Jan 2003

Beyond Elegance: A Testable Typology Of Social Norms In Corporate Environmental Compliance, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Social norms scholarship faces the challenge of becoming a mature discipline. Norms theorists have proposed several elegant, widely applicable theories of the origin, evolution and function of norms. For the most part, these theories have suggested that social norms can be viewed as a refinement to the behavioral assumptions of rational choice theory. Although this approach at least implicitly suggests that accounting for norms will improve the predictive capacity of rational choice models, the work must overcome substantial hurdles if it is to do so. The wide range of norms and mechanisms of norm influence on behavior complicate the 'formal …


An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson Jan 2003

An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson

Fordham Urban Law Journal

Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …


Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii Jan 2003

Crime, Gun Control, And The Batf: The Political Economy Of Law Enforcement, Jim F. Couch, Wiliam F. Shughart Ii

Fordham Urban Law Journal

The Bureau of Alcohol, Tobacco and Firearms ("BATF"), an agency of the United States Treasury Department, has wide-ranging law enforcement responsibilities, which include the investigation of crimes involving guns, explosives, and illicit drugs. Its execution of these duties has been the subject of considerable controversy. This Study reports evidence that the law enforcement activities of the BAFT are influenced by both public-spirited and bureaucratic motives. The evidence presented in this Study contributes to a rethinking of the public-interest paradigm.


The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt Jan 2003

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt

Faculty Scholarship

The turn of the twentieth century marked a new era of individualization in the field of criminal law. Drawing on the new science of positivist criminology, legal scholars called for diagnosis of the causes of delinquence and for imposition of individualized courses of remedial treatment specifically adapted to these individual diagnoses. "[M]odern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machine-like, but must be adapted to the causes, and to the man as affected by those causes," leading criminal law scholars declared. "Thus the great truth of the present and the future, for criminal science, is …


From The Ne'er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard Harcourt Jan 2003

From The Ne'er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard Harcourt

Faculty Scholarship

Criminal law in the United States experienced radical change during the course of the twentieth century. The dawn of the century ushered in an era of individualization of punishment. Drawing on the new science of positive criminology, legal scholars called for diagnosis of the causes of delinquency and for imposition of individualized courses of remedial treatment specifically adapted to these diagnoses. States gradually developed indeterminate sentencing schemes that gave corrections administrators and parole boards wide discretion over treatment and release decisions, and by 1970 every state in the country and the federal government had adopted a system of indeterminate sentencing. …


The World Trade Organization And Law Enforcement, Steve Charnovitz Jan 2003

The World Trade Organization And Law Enforcement, Steve Charnovitz

GW Law Faculty Publications & Other Works

Increased threats from transborder criminal activity are leading to stronger governmental and intergovernmental responses in the military, judicial, and regulatory arenas. These efforts, particularly the non-military efforts, raise a new issue in international economic law: the intersection between trade and law enforcement. This paper provides an overview of this “trade and law enforcement” linkage in four areas: (1) security, (2) health, (3) human rights, and (4) environmental protection. To explain the linkage between trade and law enforcement, I present the taxonomy of how trade measures are usable for law enforcement, and I offer a synopsis of the WTO provisions relevant …


Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper Jan 2003

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Oklahoma Law Review

No abstract provided.