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Articles 1501 - 1530 of 1612
Full-Text Articles in Criminal Law
She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren
She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren
Cardozo Law Review
This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …
Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill
Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill
St. Thomas Law Review
No abstract provided.
Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen
Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen
UIC Law Review
No abstract provided.
Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley
Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley
UIC Law Review
No abstract provided.
Development Of The Democratic Institutions & (And) The Rule Of Law In The Former Soviet Union: A Round Table Discussion, 28 J. Marshall L. Rev. 865 (1995), Elena Bonner
UIC Law Review
No abstract provided.
Rico—Economic Motive Unnecessary For The Proof Of An Enterprise. National Organization Of Women, Inc. V. Scheidler, 114 S. Ct. 798 (1994)., Bryan W. Riley
Rico—Economic Motive Unnecessary For The Proof Of An Enterprise. National Organization Of Women, Inc. V. Scheidler, 114 S. Ct. 798 (1994)., Bryan W. Riley
University of Arkansas at Little Rock Law Review
No abstract provided.
The Next Step After Daubert: Developing A Similarly Epistemological Approach To Ensuring The Reliability Of Nonscientific Expert Testimony, Edward J. Imwinkelried
The Next Step After Daubert: Developing A Similarly Epistemological Approach To Ensuring The Reliability Of Nonscientific Expert Testimony, Edward J. Imwinkelried
Cardozo Law Review
On June 28, 1993, after much fanfare, the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. The decision was not only preceded by intense media attention; the decision was also immediately followed by a massive-and growing-volume of commentary. As is usually true with landmark decisions, it is imperative to identify what the Court decided and what the Court left unresolved.
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila
Florida State University Law Review
No abstract provided.
Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley
Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley
St. Thomas Law Review
This comment will look at Chapter 94-135 of the laws of Florida and the statutes it altered as compared to the recommendations from The First Report of the Governor's Task Force on Domestic Violence5 as well as methods effectively being used by other states. It will show that Florida's new Act is a curious mixture of strength and weakness within the statutes, taking some new actions, yet not moving forward and sometimes even regressing in areas where decisive steps could have been taken, notably in such aspects as police intervention and reporting, pro-prosecution policies, and injunctions.
Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth
Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth
Scholarly Works
Day after day, across this country, ordinary people are summoned to court for a selection process that ultimately leaves them in a room deciding, with other jurors, whether a criminal defendant should be killed. The task handed to these jurors is an awesome, personal, moral decision, encased within the complex legal standards and procedures that constitute modern capital jurisprudence. The doctrine that created and sustains this moment of conscience reflects an ongoing struggle of rule against uncertainty, reason against emotion, justice against mercy, and thus, at one level, male against female. Capital jurisprudence -- the law for deciding whether to …
Of Suicide Machines, Euthanasia Legislation, And The Health Care Crisis, David R. Schanker
Of Suicide Machines, Euthanasia Legislation, And The Health Care Crisis, David R. Schanker
Indiana Law Journal
No abstract provided.
The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez
The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez
University of Michigan Journal of Law Reform
This Note argues that outlawing graffiti completely is not an effective solution. The only effective means of controlling graffiti is to develop laws and policies which accommodate graffiti art while discouraging graffiti vandalism and which attack the root causes of graffiti. Part I briefly outlines the origins of graffiti. Part II describes the different types of graffiti and the motivations of their respective creators. Part III analyzes the arguments for and against the legalization of certain types of graffiti and concludes that, because of the multitude of different types of graffiti, both graffiti proponents and opponents have meritorious arguments that …
Prostitution And Male Supremacy, Andrea Dworkin
Prostitution And Male Supremacy, Andrea Dworkin
Michigan Journal of Gender & Law
The assumptions of academia can barely begin to imagine the reality of life for women in prostitution. Academic life is premised on the notion that there is a tomorrow and a next day and a next day; or that someone can come inside from the cold for time to study; or that there is some kind of discourse of ideas and a year of freedom in which you can have disagreements that will not cost you your life. These are premises that those who are students here or who teach here act on every day. They are antithetical to the …
The Rule Of Law: But Of Which Law - Natural And Positive Law In Post-Communist Transformations, 26 J. Marshall L. Rev. 719 (1993), Igor Grazin
UIC Law Review
No abstract provided.
Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin
Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin
Michigan Journal of Gender & Law
A feminist political approach to prostitution must begin from these strengths and be tested against the standards set by them. I want to address how taking each of these strengths seriously can create sustained resistance against prostitution.
An Analysis Of Individual, Institutional, And Cultural Pimping, Evelina Giobbe
An Analysis Of Individual, Institutional, And Cultural Pimping, Evelina Giobbe
Michigan Journal of Gender & Law
A pimp is a man .. .who takes all or a part of the earnings of women who sell their bodies for gain. He may have inveigled her into becoming a prostitute or acquired her after she started the business. Invariably he encourages her to continue in prostitution, and he may be either her lover or her husband, but always he is her supposed protector.
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Prostitution: Where Racism & Sexism Intersect, Vednita Nelson
Michigan Journal of Gender & Law
Black women find themselves in a unique and extremely difficult position in our society. They are forced to deal with the oppression that arises from being Black in a white-supremacist culture and the oppression that arises from being female in a male-supremacist culture. In order to examine the experience of being Black and female, this paper attempts to describe that very difficult, tight space where Black women attempt to survive-that space where racism and sexism intersect.
Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter
Prostitution Is Cruelty And Abuse To Women And Children, Susan Kay Hunter
Michigan Journal of Gender & Law
Each day I rise to take up the truly good fight to stop the harm to women in prostitution. I long for complete liberation of all oppressed peoples. I passionately believe that the work I do to end prostitution is revolutionary. No one deserves to be used and abused, and that is the universal experience of prostituted women and children. It is also revolutionary work because my freedom as a woman is meaningless so long as some of us can be bought and sold. The giant sex industry grinds on, exploiting and enslaving women, while sexual liberals are well-paid by …
The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster
The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster
UIC Law Review
No abstract provided.
The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein
The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein
Articles
No abstract provided.
The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay
The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay
Research Collection Yong Pung How School Of Law
Corruption is a relationship of power and influence, existing within, and taking its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such a relationship, and structures and processes at work towards its regulation. Both the creation and blocking of corruption opportunities are consequences of corruption control. Corruption regulation does not progress from prevention ideology to operational strategies in terms of total control, and therefore the regulatory space within which corruption and control interact becomes a construction of dependence.
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
Articles
On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West
Georgetown Law Faculty Publications and Other Works
Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
Furthermore, according to Dripps, …
Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell
Victimization, The Poor, And Payne V. Tennessee, Richard Bender Abell
University of the District of Columbia Law Review
No abstract provided.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson
Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson
Publications
No abstract provided.
Media Coverage Of Law: Its Impact On Juries And The Public, Valerie P. Hans, Juliet Dee
Media Coverage Of Law: Its Impact On Juries And The Public, Valerie P. Hans, Juliet Dee
Cornell Law Faculty Publications
Because most of the public has little direct experience with the justice system, public knowledge and views of law and the legal system are largely dependent on media representations. The media provide many lessons about law and justice. In the average American household, a TV set is on for over 7 hours each day, and individual members of the family watch television for about 3 hours. Television news and police and crime dramas account for a substantial amount of incidental learning about the nature of the legal system. Newspapers and films also contribute to the public's knowledge and attitudes about …
Suicide And Justice, Arthur J. Jacobson
Implementing Corruption Prevention Strategies Through Codes Of Conduct, Mark Findlay, Andrew Stewart
Implementing Corruption Prevention Strategies Through Codes Of Conduct, Mark Findlay, Andrew Stewart
Research Collection Yong Pung How School Of Law
The concept of a code of conduct, as it appears in corruption prevention strategies, could be viewed as rather misleading. While dealing with conduct in some preferred or preemptive sense, these frameworks for "guidelines" bear little resemblance to prescriptive legal codes.
Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin
Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin
Cardozo Law Review
No abstract provided.