Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (237)
- University of Michigan Law School (101)
- Roger Williams University (76)
- Yeshiva University, Cardozo School of Law (76)
- BLR (63)
-
- St. Mary's University (47)
- Texas A&M University School of Law (44)
- University of Rhode Island (35)
- Brooklyn Law School (34)
- New York Law School (31)
- Pepperdine University (29)
- Touro University Jacob D. Fuchsberg Law Center (29)
- UIC School of Law (28)
- University of Miami Law School (27)
- Georgia State University College of Law (26)
- American University Washington College of Law (25)
- Northwestern Pritzker School of Law (25)
- Columbia Law School (22)
- Schulich School of Law, Dalhousie University (22)
- University of Georgia School of Law (22)
- University of Maine School of Law (22)
- University of Nebraska - Lincoln (21)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (21)
- University of Richmond (21)
- Washington University in St. Louis (20)
- Fordham Law School (18)
- Maurer School of Law: Indiana University (18)
- Penn State Dickinson Law (18)
- Cornell University Law School (17)
- University of Kentucky (17)
- Keyword
-
- Criminal law (109)
- Law and Society (94)
- Criminal Law and Procedure (85)
- Criminal (67)
- Criminal justice (66)
-
- Crime (56)
- Justice (55)
- Police (53)
- Criminal Law (50)
- Sentencing (50)
- Race (47)
- Punishment (46)
- Law (44)
- Incarceration (42)
- Violence (41)
- Death penalty (38)
- Discrimination (37)
- Evidence (36)
- Legislation (36)
- Criminal procedure (35)
- Constitutional Law (34)
- Legal (34)
- Recidivism (34)
- Prison (32)
- Women (32)
- Courts (31)
- Criminal Justice (30)
- Court (29)
- Prostitution (29)
- Crimes (28)
- Publication Year
- Publication
-
- Seattle University Law Review (229)
- Faculty Scholarship (91)
- ExpressO (62)
- Michigan Law Review (55)
- Articles (47)
-
- Life of the Law School (1993- ) (41)
- Dignity: A Journal of Analysis of Exploitation and Violence (34)
- Cardozo Law Review (30)
- NYLS Law Review (30)
- Scholarly Works (22)
- Georgia State University Law Review (21)
- Pepperdine Law Review (20)
- Scholarship@WashULaw (20)
- UIC Law Review (20)
- Maine Law Review (19)
- Nebraska Journal on Advancing Justice (19)
- St. Mary's Law Journal (19)
- Dickinson Law Review (2017-Present) (17)
- The Scholar: St. Mary's Law Review on Race and Social Justice (17)
- Touro Law Review (17)
- Cornell Law Faculty Publications (16)
- School of Law Conferences, Lectures & Events (16)
- Articles, Book Chapters, & Popular Press (14)
- Publications (14)
- University of Michigan Journal of Law Reform (14)
- University of Richmond Law Review (14)
- Faculty Publications (13)
- Georgetown Law Faculty Publications and Other Works (13)
- Journal of Law and Policy (12)
- Brooklyn Law Review (11)
- Publication Type
- File Type
Articles 1261 - 1290 of 1612
Full-Text Articles in Criminal Law
Laws Of Desire: The Political Morality Of Public Sex, Elaine Craig
Laws Of Desire: The Political Morality Of Public Sex, Elaine Craig
Articles, Book Chapters, & Popular Press
In deciding cases that involve the intersection of criminal law and sexual mores, the courts are faced with the challenge of determining the appropriate moral framework from which to approach simultaneously private and social concerns. In indecency cases, Canadian courts historically employed a communitarian model of sexual morality based on the community’s standard of tolerance. However, the Supreme Court of Canada’s recent jurisprudence affirms a harm-based test, which relies upon and protects the fundamental values enshrined in the Canadian constitution. This article analyzes the Court’s decisions in R. v. Labaye and R. v. Kouri and demonstrates that these cases represent …
The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield
The Case For A Criminal Law Theory Of Intentional Infliction Of Emotional Distress, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
Words hurt! Recent news stories about cyber bulling make clear that a word can cause as much pain as a punch. Unfortunately, the law redresses those who suffer injury from harmful speech through a series of seemingly innocuous remedies, including financial remuneration or retribution through minimal criminal penalties. The law stops, however, at imposing the same type of criminal punishment on those who intend to cause emotional harm through words, as it does those who intend to cause physical harm. In other words, legislatures and courts have been unwilling to elevate an actor’s intentional use of harmful words to the …
Getting Real About Race And Prisoner Rights, Michael B. Mushlin
Getting Real About Race And Prisoner Rights, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
This Article explores the nexus of two stories central to contemporary American jurisprudence and--for tens of millions of citizens--central to the American experience: the rise of the “carceral state” through steep increases in the incarceration of non-whites, and the decline, over the very same period, in legal protections for prisoners. The Article suggests that these two stories cannot be considered in isolation from one another. Nearly everything we know about race from the social sciences suggests that, in the highly pressured context of prison life, racial tensions will play a role in the decisions that guards and administrators make concerning …
The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
Scholarly Works
Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided about how accessible search remedies should be. This Article explains why this conventional account is mostly wrong and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law. In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the patterns of preceding British civil search statutes. The …
When Reading Between The Lines Is Not Enough: Lessons From Media Coverage Of A Domestic Violence Homicide-Suicide, Elizabeth L. Macdowell
When Reading Between The Lines Is Not Enough: Lessons From Media Coverage Of A Domestic Violence Homicide-Suicide, Elizabeth L. Macdowell
Scholarly Works
In October 2008, Karthik Rajaram murdered his wife, mother-in-law, sons and, ultimately, himself, in a wealthy Los Angeles suburb. This Article analyzes media reports about the deaths to illustrate the resilience of patriarchy and significant gaps in research and scholarship about domestic violence, and suggests a strategic approach to building counter-narratives about violence against women.
The Article is composed of five parts. Part I is the Introduction. Part II draws on narrative theory and critical media scholarship to lay the groundwork for analysis, and to show why media coverage of homicide-suicide is implicated in the production of dominant ideology.
Part …
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Scholarly Works
The criminal justice system exacts a toll on some Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) communities. The experience of living in poverty and the concomitant exposure to a variety of governmental systems puts all poor, but especially LGBTQ low-income people of color, at risk of incarceration. What typically goes unexamined are the myriad ways that LGBTQ people are drawn into and experience the carceral system because of sexual identities and expression. This negative effect surfaces at every conceivable level: the marginalization and subsequent criminalization of queer youth; anti-gay bias in the judicial system; the rerouting of domestic violence cases …
Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, Alice Ristroph
Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, Alice Ristroph
Faculty Scholarship
In this Criminal Law Conversation (Robinson, Ferzan & Garvey, eds., Oxford 2009), the authors debate whether there is a role for randomization in the penal sphere - in the criminal law, in policing, and in punishment theory. In his Tanner lectures back in 1987, Jon Elster had argued that there was no role for chance in the criminal law: “I do not think there are any arguments for incorporating lotteries in present-day criminal law,” Elster declared. Bernard Harcourt takes a very different position and embraces chance in the penal sphere, arguing that randomization is often the only way to avoid …
Belief In A Just World, Blaming The Victim, And Hate Crime Statutes, Dhammika Dharmapala, Nuno Garoupa, Richard H. Mcadams
Belief In A Just World, Blaming The Victim, And Hate Crime Statutes, Dhammika Dharmapala, Nuno Garoupa, Richard H. Mcadams
Faculty Scholarship
The earliest economic theory of discrimination proposed the subsequently neglected idea of a "vicious circle" of discrimination (Myrdal,1944). We draw on psychological evidence (that people derive utility from believing that the world is just) to propose a behavioral economic model in which the vicious circle envisaged by Myrdal can arise. We demonstrate the power of this approach through an application to the issue of whether and how to justify penalty enhancements for hate crimes against members of disfavored groups. The crucial assumption is that individuals engage in biased inference in order to preserve their Belief in a Just World, thus …
Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen
Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen
Cardozo Public Law, Policy & Ethics Journal
The article argues that transitional justice mechanisms in post-conflict societies, such as Bosnia, often fail to establish legitimate authority because they neglect the crucial role of community building. It emphasizes that community is a prerequisite for legal authority and highlights the dialectical relationship between law and community, where each can shape the other. The case of Bosnia illustrates how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the War Crimes Chamber (WCC) in Sarajevo have struggled to gain legitimacy due to their focus on procedural values over community engagement. The article advocates for a reoriented approach to transitional …
Global Terror And Organised Crime: Symbiotic Or Synonymous, Mark Findlay
Global Terror And Organised Crime: Symbiotic Or Synonymous, Mark Findlay
Research Collection Yong Pung How School Of Law
This paper is not a detailed denial of the difference between organised crime as the aggregation of illicit wealth, and terrorism which may not be concerned with economic profit. It takes as given the primary political context for terrorism and the enterprise environment of organised crime.
Detecting Lies Using Demeanor, Bias, And Context, Max Minzner
Detecting Lies Using Demeanor, Bias, And Context, Max Minzner
Cardozo Law Review
No abstract provided.
Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald
Cardozo Journal of International and Comparative Law
The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.
Presidential Authority And The War On Terror, Joseph W. Dellapenna
Presidential Authority And The War On Terror, Joseph W. Dellapenna
Working Paper Series
Immediately after the attacks on the United States of September 11, 2001, President George W. Bush claimed, among other powers, the power to launch preemptive wars on his own authority; the power to disregard the laws of war pertaining to occupied lands; the power to define the status and treatment of persons detained as “enemy combatants” in the war on terror; and the power to authorize the National Security Agency to undertake electronic surveillance in violation of the Foreign Intelligence Surveillance Act. With the exception of the power to launch a preemptive war on his own authority (for which he …
Mothers, Babies And Jail, Rebecca Johnson
Mothers, Babies And Jail, Rebecca Johnson
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Law, Psychology & Morality, Kenworthey Bilz, Janice Nadler
Law, Psychology & Morality, Kenworthey Bilz, Janice Nadler
Faculty Working Papers
In a democratic society, law is an important means to express, manipulate, and enforce moral codes. Demonstrating empirically that law can achieve moral goals is difficult. Nevertheless, public interest groups spend considerable energy and resources to change the law with the goal of changing not only morally-laden behaviors, but also morally-laden cognitions and emotions. Additionally, even when there is little reason to believe that a change in law will lead to changes in behavior or attitudes, groups see the law as a form of moral capital that they wish to own, to make a statement about society. Examples include gay …
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
Office for Policy Studies on Violence Against Women Publications
Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …
What Happens In North Minneapolis Doesn’T Stay In North Minneapolis: Arguing Credibility In A Criminal Trial, Rebutting Implicit Jury Bias, And Taking A New Look At Why A Prosecutor Would Tell Jurors That Civilian Witnesses Are From A “Different World”, Joshua R. Larson
School of Law Student Projects
In several recent homicide cases from Minneapolis, Minnesota, prosecutors have used a particular rhetorical device in closing argument that suggests to jurors that certain civilian witnesses from North Minneapolis live in a different world than the jurors do and that, therefore, the jurors must consider the witnesses’ unique cultural characteristics when weighing the witnesses’ credibility. Defense attorneys have decried these “different world” arguments, and the Minnesota Supreme Court has expressed concern that such arguments could violate a defendant’s right to a fair trial by insinuating that the defendant is from a different world and by introducing unnecessary racial or socioeconomic …
Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup
Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup
Georgia Law Review
Covering developments in the drug treatment court movement in the years since the turn of the millennium, Judge Hora and Mr. Stalcup inform the reader about updates relevant to the subject and address the arguments and concerns of other authors. The Article reviews drug treatment court basics, describes their function, and evaluates legal aspects of drug treatment court practice. The authors' analysis includes the latest in genetic research, penal statistics, and recent court cases that bear on the subject. Beginning with the premise that traditional criminal case processing does not address the underlying causes of much criminal behavior, the authors …
Book Review. Governing Through Crime: How The War On Crime Transformed American Democracy And Created A Culture Of Fear By Jonathan Simon, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Sex Offender As Scapegoat: The Monstrous Other Within, John Douard
Sex Offender As Scapegoat: The Monstrous Other Within, John Douard
NYLS Law Review
No abstract provided.
Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz
Involuntary Outpatient Commitment: Some Th Oughts On Promoting A Meaningful Dialogue Between Mental Health Advocates And Lawmakers, Henry A. Dlugacz
NYLS Law Review
No abstract provided.
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
NYLS Law Review
No abstract provided.
United States V. Grier, Lyndsay V. Ruotolo
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira
Articles by Maurer Faculty
In the aftermath of the Oklahoma City bombing, processes of reconstruction - remembering victims, caring for family members and survivors, and punishing the perpetrators - began even as debris from the Murrah Federal Building was being cleared. Based on conclusions obtained from intensive interviews with 27 victims' family members and survivors, this article explores how memory of the bombing as a culturally traumatic event was constructed through participation in groups formed after the bombing and participation in the legal proceedings against perpetrators Timothy McVeigh and Terry Nichols. These acts cultivated the formation of various relationships - between family members and …
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Journal Articles
No abstract provided.
'The Devil Is In The Details': A Continued Dissection Of The Constitutionality Of Faith-Based Prison Units, Lynn S. Branham
'The Devil Is In The Details': A Continued Dissection Of The Constitutionality Of Faith-Based Prison Units, Lynn S. Branham
All Faculty Scholarship
Faith-based prison units can afford prisoners who choose to be housed in them the concentrated and sustained spiritual nourishment that they believe they need to grow spiritually or in other ways. But critics claim that these units abridge the Establishment Clause. This Article debunks two of the arguments most frequently asserted against the constitutionality of faith-based units. The first is that prisoners cannot exercise a "true private choice" in the "inherently coercive" environment of a prison to live in such a unit. But court decisions confirm that confinement does not abnegate the voluntariness of other decisions made by prisoners, such …
Time For A Twenty-First Century Justice Department, Samuel W. Buell
Time For A Twenty-First Century Justice Department, Samuel W. Buell
Faculty Scholarship
This is a brief contribution to an issue of The Federal Sentencing Reporter directed to criminal justice policy discussions relevant to the 2008 election season. The United States Department of Justice is a uniquely valuable domestic institution. After a period of stunning ascendancy at the end of the last century, the institution has faltered—perhaps as much from strategic neglect as from deliberate diversion of its mission in service of political and foreign policy objectives that most Americans have concluded were misguided. A twenty-first-century executive branch should set as a priority thoughtful consideration of how to confine the powerful tools of …
Punishment, Deterrence And Social Control: The Paradox Of Punishment In Minority Communities, Jeffery Fagan, Tracey L. Meares
Punishment, Deterrence And Social Control: The Paradox Of Punishment In Minority Communities, Jeffery Fagan, Tracey L. Meares
Faculty Scholarship
Since the early 1970s, the number of individuals in jails and state and federal prisons has grown exponentially. Today, nearly two million people are currently incarcerated in state and federal prisons and local jails. The growth of imprisonment has been borne disproportionately by. African-American and Hispanic men from poor communities in urban areas. Rising.incarceration should have greatly reduced the crime rate. After all, incapacitated offenders were no longer free to rob, assault, steal, or commit other crimes. However, no large-scale reduction in crime was detected until the mid-1990s. The failure of crime rates to decline commensurately with increases in the …
Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy - A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald
Articles, Book Chapters, & Popular Press
Globalization and the new information economy are putting great stress on western high-wage economies of which Canada is an exemplar. As individuals and together as a society, Canadians are being forced to become more flexible and strategic in adjusting to changing employment opportunities and economic challenges. Meanwhile, governments have shifted from being purveyors of welfare to being supervisors of both markets and decentralized/ privatized public services. Key roles for the government in this new political environment are the sponsorship of mechanisms for autonomous, individual human capital investment as well as for community responses to these emerging economic and social challenges. …
Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat
Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat
Scholarship@WashULaw
Today it is widely recognized in both academic literature and the main-stream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality. By drawing on Carl Schmitt and …