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Articles 1141 - 1170 of 1171
Full-Text Articles in Civil Law
The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs
The Legality Of Governmental Responses To Terrorism And The Dichotomous Characterization Of Terrorists As Criminals Or Enemy Combatants, Gregory E. Maggs
ExpressO
This article argues that the United States and other nations ought to create specialized laws to regulate governmental responses to terrorism, rather than debating whether the current laws of war or the current rules of law enforcement should apply. These specialized laws would see terrorism as a problem that sometimes lies between traditional crime and traditional warfare, and would establish rules designed to address governmental responses to it.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
University of San Diego Public Law and Legal Theory Research Paper Series
This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …
International Child Abductions: The Challenges Facing America , Charles F. Hall
International Child Abductions: The Challenges Facing America , Charles F. Hall
ExpressO
International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …
Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman
Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman
Books
In 2004, Anne began co-authoring this seminal evidence treatise, which is in its second century of publication. Jones on Evidence (“Jones”) currently contains 5 hardbound volumes and a softbound appendix of new chapters with two new hardbound volumes forthcoming. All volumes are updated yearly. Jones enables civil and criminal practitioners in private and public practice to learn and understand evidentiary issues and evidentiary rules, including the Federal Rules of Evidence, and to use evidence effectively, whether the issue is admission, exclusion, preservation or relevance. Jones has been cited in numerous federal and state court opinions and law review …
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's landmark decision in Lawrence v. Texas, which overturned Bowers v. Hardwick and invalidated a Texas sodomy law criminalizing same-sex intimacy. The author argues that Lawrence not only advanced individual liberty interests but also marked a significant shift in the legal and cultural recognition of homosexuality, moving beyond earlier frameworks that criminalized or marginalized gay individuals. The decision reflects broader societal changes in understanding same-sex relationships and challenges the use of moral disapproval as a basis for legal restrictions on consensual adult conduct.
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
Publications
No abstract provided.
The Concept Of Equality In Civil Procedure, William B. Rubenstein
The Concept Of Equality In Civil Procedure, William B. Rubenstein
Cardozo Law Review
No abstract provided.
Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron
Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron
UIC Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno
Faculty Publications
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Publications
No abstract provided.
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Publications
No abstract provided.
Some Worries About Sentencing Guidelines, William T. Pizzi
Some Worries About Sentencing Guidelines, William T. Pizzi
Publications
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …
Paradigms Lost: The Blurring Of The Criminal And Civil Law Models – And What Can Be Done About It, John C. Coffee Jr.
Paradigms Lost: The Blurring Of The Criminal And Civil Law Models – And What Can Be Done About It, John C. Coffee Jr.
Faculty Scholarship
Ken Mann's professed goal is to "shrink" the criminal law. To realize this worthy end, he advocates punitive civil sanctions that would largely parallel criminal sanctions, thereby reducing the need to use criminal law in order to achieve punitive purposes. I agree (heartily) with the end he seeks and even more with his general precept that "the criminal law should be reserved for the most damaging wrongs and the most culpable defendants." But I believe that the means he proposes would be counterproductive – and would probably expand, rather than contract, the operative scope of the criminal law as an …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn
Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn
Cardozo Law Review
No abstract provided.
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
UIC Law Review
No abstract provided.
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Touro Law Review
No abstract provided.
Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton
Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton
St. Mary's Law Journal
Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …
Proof By Confession, O. John Rogge
Proof By Confession, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.
Comments On Recent Cases, Charles W. Ehrhardt
Comments On Recent Cases, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.