Administrative Law Commons^™

Doe V. District Psychiatric Board For Adults, Aharon Barak, Dorit Beinisch, Eliahu Mazza

Translated Opinions

Facts: The Treatment of the Mentally Ill Law-1991 provides that, when a court is of the opinion that one accused of a criminal offence is unfit to stand trial, the accused may be hospitalized. The District Psychiatric Board is responsible to review the case of such a mentally ill accused person, and it can order the accused’s release from the hospital. This petition concerns the amount of time a mentally ill accused person may be hospitalized on the authority of the initial judicially issued criminal hospitalization order.

Held: The Supreme Court held that the treatment of the psychiatric patient must …

The Cooperation Of States With The International Criminal Court, Valerie Oosterveld

Law Publications

This Article explores the various cooperation obligations included within the Rome Statute related to arrest and surrender; investigation and evidence gathering; privileges and immunities of Court officials; witness protection; enforcement of ICC sentences, fines, and forfeiture orders; and offenses against the administration of justice. The nature of each obligation will be discussed within the context of the Rome Statute itself, its negotiation history, and a comparison of how Canada, Switzerland, and the United Kingdom have implemented their obligations to cooperate with the ICC into their domestic law, to the end of providing technical assistance to States undertaking the important task …

The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …

State Of Israel V. Kahane, Theodor Or, Aharon Barak, Shlomo Levin, Yaakov Kedmi, Dalia Dorner, Jacob Turkel, Eliahu Mazza

Translated Opinions

Facts: Further hearing in the judgment of the Supreme Court (President A.  Barak and Justices A. Goldberg and E. Mazza) dated March 2, 1998 in CA 6696/96 Benyamin Kahane v. State of Israel, in which Benyamin Kahane was acquitted of offenses based on sections 133 and 134(c) of the Penal Code 5737-1977.  The acquittal overturned a conviction in the District Court which in turn had overturned an acquittal in the Magistrate’s Court.  Two main issues were under consideration in the further hearing.  The first dealt with the characteristics of the protected value or values in the offense of sedition …

Schwartz V. State Of Israel, Dorit Beinisch, Aharon Barak, Dalia Dorner, Eliahu Mazza, Mishael Cheshin, Shlomo Levin, Theodor Or, Tova Strasberg-Cohen, Yaakov Kedmi

Translated Opinions

Facts: The applicant was convicted in the District Court in Tel-Aviv-Jaffa of two offenses: the commission of rape under section 345(A)(1) of the Penal Law 5737-1977 and the commission of sodomy, an offense under section 347(A) of the Penal Law.  The applicant was sentenced to four years in prison, of which three years were of actual imprisonment and one year was on probation.  In addition the court ordered the applicant to compensate the complainant in the amount of NIS 10,000.  At the time the conviction was handed down, at the request of the applicant’s counsel, the District Court stayed …

Moving Toward A Clearer Definition Of Insider Trading: Why Adoption Of The Possession Standard Protects Investors, Lacey S. Calhoun

University of Michigan Journal of Law Reform

In recent years, insider trading has become a publicized focus of securities law enforcement. The definition of insider trading has emerged slowly through case law, and the term has been clarified by new theories of liability. The use and possession tests are two standards of liability used to judge the treatment of inside information. The use standard offers a defense to insider trading liability while the possession standard premises liability on mere possession of inside information. This Note argues that courts should adopt the possession standard because this standard better protects investors, a primary goal of the Securities Exchange Act …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Mend It Or End It? What To Do With The Independent Counsel Statute, Julian A. Cook

Scholarly Works

The tenure of Independent Counsel Kenneth Starr has generated much debate among scholars, politicians, and the media in recent years regarding the efficacy of the independent counsel statute, which is scheduled to expire in June 1999. Enacted in response to the Watergate saga, and particularly the infamous “Saturday Night Massacre,” the independent counsel statute was designed to remove politics from the prosecution of executive branch officials and to foster public confidence in the prosecutorial process. Advocates claim that the statute, though flawed, is the best system available to address alleged criminal wrongdoing by high-ranking executive branch officials, as well as …

Our Administrative System Of Criminal Justice, Gerard E. Lynch

Faculty Scholarship

Bill Tendy was already a legend among federal prosecutors when I first served as an Assistant United States Attorney for the Southern District of New York in the early 1980s. To us youngsters, Bill even then seemed a survivor from another era, when prosecutors really did resemble the tough-talking Hollywood DAs played by actors like Brian Donleavy – while we felt more like insecure young lawyers who should be played by Michael J. Fox or Calista Flockhart.

Partly, of course, this was just a function of age and experience; hard as it was to imagine, there must have been a …

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

The "Solely Criminal Purpose" Defense To The Enforcement Of Irs Summonses, Darius J. Mehraban

Michigan Law Review

Recent years have witnessed a gradual erosion of the practical distinctions between the civil and criminal investigations performed by federal administrative agencies. This trend arose naturally from a growing number of federal statutes and regulations that carry both civil and criminal penalties for their violation. Administrative agencies today wield investigative summons power almost as expansive as the grand jury subpoena power and can use that power to investigate without first deciding whether criminal or civil liability ultimately will be sought. The Internal Revenue Service (IRS) has participated to some extent in this intermingling of civil and criminal inquiry - with …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Administrative Subpoenas And The Grand Jury: Converging Streams Of Criminal And Civil Compulsory Process, Graham Hughes

Vanderbilt Law Review

Litigation depends on information. In the last few decades, discovery in civil cases has been dramatically extended in order to move toward a position in which litigants' files are open to other parties with very few restrictions.' This movement in civil cases has been relatively smooth, for its merits in terms of economy and efficiency can be fortified by pointing to its even-handed mutuality and reciprocity. In criminal cases, by contrast, courts at one time thought that any considerable expansion in discovery must be rejected because the constraints of the Fifth Amendment's self-incrimination clause would bar the exercise of compulsion …

Manning V. Attorney General, Eliezer Goldberg, Aharon Barak, Eliahu Mazza, Dalia Dorner, Shlomo Levin

Translated Opinions

Facts: The petitioner was tried for murder in the United States. The trial was declared a mistrial after the jury failed to reach an unanimous verdict, and the prosecution cancelled the indictment, reserving the right to submit a new one.

The petitioner returned to Israel. The United States requested her extradition to stand trial for the same murder, and the District Court declared her to be extraditable. Her appeal to the Supreme Court was denied, but the President of the Supreme Court granted her application to hold a further hearing on the question of whether the defence of double jeopardy …

There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman

Publications

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Are New Procedures Correction Enough For Florida's Child Abuse Registry Statute?, Walter E. Forehand

Florida State University Law Review

No abstract provided.

The Aftermath Of The Marshall Commission: A Preliminary Opinion, H Archibald Kaiser

Dalhousie Law Journal

Prolegomena to the Cure or the Beginning of the Epitaph: "Look, Doctor, try to see things my way. All the diagnoses have been made and the treatment has been prescribed, but somehow ... I just don't feel quite right. Sometimes I think I'll never get well. Is there something you haven't told me? The Doctor's skeptical but still deferential patient echoes the sentiments of many who have keenly observed the unfolding of the Donald Marshall, Jr. saga. A monstrous injustice was perpetrated and then sustained over a period of fifteen years in the conviction and ongoing persecution of an innocent …

The National Id Card: Privacy Threat Or Protection, 21 J. Marshall L. Rev. 831 (1988), Elizabeth Friedheim

UIC Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Victim Reparation Programs: Learning From Experience, Byron L. Beck

BYU Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

Kesadaran Hukum Dan Kepatuhan Hukum, Soerjono Soekanto

Jurnal Hukum & Pembangunan

No abstract provided.

Arbitrase Di Indonesia, Asikin Kusumaatmadja

Jurnal Hukum & Pembangunan

No abstract provided.

Kalender Ketatanegaraan Di Indonesia, Harmaili Ibrahim

Jurnal Hukum & Pembangunan

No abstract provided.