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Articles 931 - 960 of 1135

Full-Text Articles in Criminal Law

Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson Jan 2001

Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson

Scholarly Works

No abstract provided.


Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus Jan 2001

Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus

Scholarly Works

Beginning in 1911 with Illinois’ passage of the Funds to Parents Act—the first statewide mothers’ pensions legislation—the Chicago Juvenile Court built a two-track system for dependency cases that used the gender of single parents to track their children. The first or “institutional” track followed a nineteenth century model of family preservation that poor families had relied upon since before the Civil War, in which parents had used institutions to provide short-term care for their children during hard times. The juvenile court also established a “home-based” track for dependency that reflected a new model of family preservation. Progressive child-savers denounced the …


Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards Jan 2001

Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb Jan 2001

Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb

Faculty Articles

Washington State's sentencing reform in the early 1980s encompassed all felonies, including those resulting in sentences to prison and jail; the state also enacted the first and only sentencing guidelines for juvenile offenders. Several lessons are suggested from Washington's experience: sentencing guidelines can change sentencing patterns and can reduce disparities among offenders who are sentenced for similar crimes and have similar criminal histories; a sentencing commission does not operate as an independent political force, except when such delegation serves the legislature's purpose; guidelines are policy-neutral technologies that can be harnessed to achieve the legislature's will; in states where citizen initiatives …


The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy Jan 2001

The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy

Cardozo Law Review

No abstract provided.


Aggravated Assaults With Chairs Versus Guns: Impermissible Applied Double Counting Under The Sentencing Guidelines, Carolyn Barth Oct 2000

Aggravated Assaults With Chairs Versus Guns: Impermissible Applied Double Counting Under The Sentencing Guidelines, Carolyn Barth

Michigan Law Review

In a bar called Andrea's Attic, David and Victor were having a drink when they got into an argument. The argument escalated until Victor said something that infuriated David. David looked at Victor, and, wanting to hurt Victor, grabbed the nearest object, a chair, and then threw it at Victor. The chair hit Victor and he fell to the ground, but was not hurt. In a bar called Barb's Barn down the street, Valerie was having a drink. Dorothy walked into the bar, grabbed Valerie by the arm and dragged her outside onto the street. As Valerie was dragged, she …


Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii Jul 2000

Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii

Faculty Publications

On April 6, 2001, the U.S. Sentencing Commission approved a group of amendments to guidelines governing the sentencing of economic crimes. These measures, collectively known to as the “economic crime package,” are the culmination of some six years of deliberations by both the Conaboy and Murphy Sentencing Commissions working together with interested outside groups such as the defense bar, the Justice Department, probation officers, and the Criminal Law Committee of the U.S. Judicial Conference, The package contains three basic components. First, the now-separate theft and fraud guidelines, Sections 2B1.1 and 2F1.1, will be consolidated into a single guideline. Second, the …


Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz Jun 2000

Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz

Michigan Telecommunications & Technology Law Review

...information content providers who depend heavily on copyright law are growing increasingly wary of advances in digital technology that allow manipulation of their content and potentially diminish the effectiveness of their copyright protection. Technology firms, on the other hand, are looking more and more at developing products which provide low-cost, high quality access to content without restriction. Thus, as technologists work feverishly to find new ways to free up information, content providers are fighting just as hard to constrain access in order to prevent market-killing duplication and distribution of their works. These two codependent yet clashing interest groups recently met …


Unborn Victims Of Violence Act Of 1999: Hearing On S. 1673 Before The S. Comm. On The Judiciary, 106th Cong., Feb. 23, 2000 (Statement Of Peter J. Rubin, Prof. Of Law, Geo. U. L. Center), Peter J. Rubin Feb 2000

Unborn Victims Of Violence Act Of 1999: Hearing On S. 1673 Before The S. Comm. On The Judiciary, 106th Cong., Feb. 23, 2000 (Statement Of Peter J. Rubin, Prof. Of Law, Geo. U. L. Center), Peter J. Rubin

Testimony Before Congress

No abstract provided.


Death Resurrected: The Reimplementation Of The Federal Death Penalty, Christopher Q. Cutler Jan 2000

Death Resurrected: The Reimplementation Of The Federal Death Penalty, Christopher Q. Cutler

Seattle University Law Review

This Comment analyzes the federal death penalty. Part one discusses the history of the federal death penalty, from its roots in the superstitions and religious dogma of colonial America to the Drug Kingpin Act and the Federal Death Penalty Act of 1994. Part two examines the Drug Kingpin Act, the first federal move into the death penalty arena since the landmark Supreme Court case of Furman v. Georgia. Next, the Comment explores Congress' broad expansion of the federal death penalty in its most recent statute, the Federal Death Penalty Act of 1994. Part four examines the practical application of …


Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin Jan 2000

Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin

Seattle University Law Review

Currently, under Washington law, a passive parent is not legally responsible for the death of his or her child from abuse. State v. Jackson is a horrific illustration of the gaps in Washington's law regarding the issue of who is responsible for the death of a child by abuse. Because passive parents should be held responsible for the death of their child from abuse, and because Washington's current laws are inadequate, Washington's legislature should create a special statute that would hold both abusive and passive parents culpable for the death of a child resulting from abuse.


The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley Jan 2000

Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein Jan 2000

Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein

Cardozo Journal of Equal Rights & Social Justice

The note argues that current parental liability statutes in the United States are insufficient to hold parents accountable for their children's violent acts, such as the Columbine High School massacre. It advocates for strengthening these laws, particularly by adopting a negligence standard, to incentivize parents to monitor their children's activities more effectively and prevent such tragedies.


Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno Dec 1999

Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno

Cardozo Law Review

No abstract provided.


Moving Toward A Clearer Definition Of Insider Trading: Why Adoption Of The Possession Standard Protects Investors, Lacey S. Calhoun Jul 1999

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 …


Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner Jan 1999

Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner

UIC Law Review

No abstract provided.


Practicing Medicine Without A License: Legislative Attempts To Mandate Chemical Castration For Repeat Sex Offenders, 32 J. Marshall L. Rev. 381 (1999), Lisa Keesling Jan 1999

Practicing Medicine Without A License: Legislative Attempts To Mandate Chemical Castration For Repeat Sex Offenders, 32 J. Marshall L. Rev. 381 (1999), Lisa Keesling

UIC Law Review

No abstract provided.


Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight Jan 1999

Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight

UIC 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 Jan 1999

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.


Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton Jan 1999

Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton

Michigan Journal of Gender & Law

This Article will examine the recent criminal trend of trafficking women from post-Cold War Russia into the United States. First, it will examine the Russian mafia and its development. It will also discuss the system of economic corruption that currently exists in Russia, which facilitates government involvement with this criminal activity. It will further investigate the issues surrounding trafficked women and the international anti-trafficking conventions that have been created by the United Nations. Next, it will go into a deeper discussion of the current status of relevant international law and the issues involving the International Criminal Court. Finally, this Article …


Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande Jan 1999

Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande

UIC Law Review

No abstract provided.


University Of Richmond Law Review Jan 1999

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1998

Section 1: Chicago V. Morales, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Police And Thieves, Rosanna Cavallaro May 1998

Police And Thieves, Rosanna Cavallaro

Michigan Law Review

What is it about New York City that has, in the last few years, spawned a series of books attacking the criminal justice system and describing a community in which victims' needs are compelling while the rights of the accused are an impediment to justice? Why does this apocalyptic vision of the system persist, despite statistics demonstrating the sharpest decline in the city's and the nation's crime rates in decades? What explains the acute detachment from the accused that is at the core of this series of books? In Virtual Justice: The Flawed Prosecution of Crime in America, Richard Uviller …


Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman Jan 1998

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.


Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke Jan 1998

Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke

UIC Law Review

No abstract provided.


A More Principled Approach To Criminalizing Negligence: A Prescription For The Legislature, Leslie Yalof Garfield Jan 1998

A More Principled Approach To Criminalizing Negligence: A Prescription For The Legislature, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This discussion focuses on those jurisdictions that have used ordinary negligence to find criminal liability when a person uses an inherently dangerous instrument, engages in an inherently dangerous activity, or engages in conduct that poses a threat of widespread public injury. Part IV analyzes the appropriateness of permitting punishment based on ordinary negligence and concludes that it is entirely responsible to adjust criminal sanctions to respond to a fast-paced and technologically reliant culture that consciously trades due care for greater and swifter achievements. Part IV also offers a model for legislatures to follow when evaluating the appropriateness of criminalizing negligent …


Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson Jan 1998

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

Scholarly Works

No abstract provided.


Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse Jan 1998

Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse

Scholarly Works

This article chronicles the Burger Court's inability to fashion a suitable remedy for racism in the discretionary system of capital sentencing. The article discusses the Court's initial response, “remedial paralysis,” which is evident, not only in McGautha v. California, where the Court refused to find that the Due Process Clause was violated by standardless death sentencing, but also in Furman v. Georgia, where the Court decided to abolish the death penalty. The article further explores the Court's reinstatement of the death penalty, and two of the Court's forays into “bad faith” denial that sustained the death penalty, particularly the Court's …


On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed Jan 1998

On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed

Cleveland State Law Review

This article explores and analyzes the two-pronged legal dilemma that confronted the court in State v. Marshall: in Ohio, finding the correct sentencing law is often difficult; and a recent amendment to the resentencing portion of that law, S.B. 258, destroys the efficiency that was characteristic of Ohio's previous resentencing framework. Consequently, Part II of this article examines the facts and holding of State v. Marshall and suggests that finding the applicable law must be simplified. Practitioner handbooks are often confusing and incomplete, in part as the Ohio legislature generates an ever-changing body of law. Justice and the lives of …