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Articles 91 - 120 of 342
Full-Text Articles in Criminal Law
The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa
The Rise Of Spanish And Latin American Criminal Theory, Luis E. Chiesa
Journal Articles
No abstract provided.
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.
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Journal Articles
This article examines the implications of the Michael Vick case for the criminal law in general and for the law of victimhood in particular. It takes as its point of departure the NFL star's agreement to pay close to one million dollars to the various entities that assumed custody of the pit bulls in order to "make restitution for the full amount of the costs associated with the disposition of all dogs" that were involved in his illegal operation. According to the agreement, the authority to order such payments stems from 18 U.S.C. ý 3663, which allows for the issuance …
Victims And The Significance Of Causing Harm, Guyora Binder
Victims And The Significance Of Causing Harm, Guyora Binder
Journal Articles
Many criminal law theorists find the punishment of harm puzzling. They argue that acts should be evaluated only on the basis of the risks they create and the actors' awareness of those risks; that punishing results violates both desert and utility. This article explains punishment of harm on the basis of political theory rather than moral philosophy. Punishing harm helps legitimize the rule of law by vindicating victims. A rule of law state precludes cycles of organized retaliatory violence by asserting a monopoly on retaliatory force, thereby depriving individuals and groups of the option of securing their own dignity. We …
A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller
A New Look At Neo-Liberal Economic Policies And The Criminalization Of Undocumented Migration, Teresa A. Miller
Journal Articles
This paper situates the current “crisis” surrounding the arrival and continued presence of undocumented immigrants in the United States within penological trends that have taken root in American law over the past thirty years. It positions the shift from more benevolent to the increasingly harsh legal treatment of undocumented immigrants as the continuation of a succession of legal reforms criminalizing immigrants, and governing immigration through crime. By charting the increasing salience of crime in public perceptions of undocumented immigrants, and comparing the immediately preceding criminal stigmatization of so-called “criminal aliens”, this paper exposes current severity toward undocumented immigrants as consistent …
The Adulterous Wife: A Cross-Historical And Interdisciplinary Approach, Meghan E.B. Norton
The Adulterous Wife: A Cross-Historical And Interdisciplinary Approach, Meghan E.B. Norton
Buffalo Women's Law Journal
No abstract provided.
Why Judy Norman Acted In Reasonable Self-Defense: An Abused Woman And A Sleeping Man, Marina Angel
Why Judy Norman Acted In Reasonable Self-Defense: An Abused Woman And A Sleeping Man, Marina Angel
Buffalo Women's Law Journal
No abstract provided.
Munchausen Syndrome By Proxy: Treatment In The Courts, Kimberly L. Sweet
Munchausen Syndrome By Proxy: Treatment In The Courts, Kimberly L. Sweet
Buffalo Women's Law Journal
No abstract provided.
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis E. Chiesa
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis E. Chiesa
Journal Articles
No abstract provided.
The Place Of Translation In Jerusalem's Criminal Trial Court, Irus Braverman
The Place Of Translation In Jerusalem's Criminal Trial Court, Irus Braverman
Journal Articles
The court-appointed translator is largely an invisible actor in the legal space. The Israeli context provides an extreme example of this invisibility: apart from a general statutory definition of the court's obligation to translate criminal proceedings, the work of translation in the Israeli courtroom is mostly unregulated by state law, rendering it highly susceptible to informal manifestations. This article offers a critical empirical investigation into the micropractices of translation performed in the Jerusalem criminal trial court in 2002. On the face of things, the court-appointed translator performs a technical task in the everyday working of the court. Expected to mediate …
Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa
Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa
Journal Articles
No abstract provided.
Dead Man Waiting: Death Row Delays, The Eighth Amendment, And What Courts And Legislatures Can Do, Kate Mcmahon
Dead Man Waiting: Death Row Delays, The Eighth Amendment, And What Courts And Legislatures Can Do, Kate Mcmahon
Buffalo Public Interest Law Journal
No abstract provided.
Making Comparative Criminal Law Possible, Lutz Eidam
Making Comparative Criminal Law Possible, Lutz Eidam
Buffalo Law Review
No abstract provided.
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
To Improve The State And Condition Of Man: The Power To Police And The History Of American Governance, Christopher Tomlins
Buffalo Law Review
Book review of Markus Dirk Dubber's The Police Power: Patriarchy and the Foundations of American Government
Phase Three Of New York State Domestic Violence Law: The Financial Aftermath, Jennifer Sarkees
Phase Three Of New York State Domestic Violence Law: The Financial Aftermath, Jennifer Sarkees
Buffalo Women's Law Journal
No abstract provided.
An Investigation Of Death Qualification As A Violation Of The Rights Of Jurors, Adam M. Clark
An Investigation Of Death Qualification As A Violation Of The Rights Of Jurors, Adam M. Clark
Buffalo Public Interest Law Journal
No abstract provided.
The "Csi Effect": Better Jurors Through Television And Science?, Michael Mann
The "Csi Effect": Better Jurors Through Television And Science?, Michael Mann
Buffalo Public Interest Law Journal
No abstract provided.
Making Sense Of The Sense Of Justice, Markus Dirk Dubber
Making Sense Of The Sense Of Justice, Markus Dirk Dubber
Buffalo Law Review
No abstract provided.
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Journal Articles
Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.
The Origins Of American Felony Murder Rules, Guyora Binder
The Origins Of American Felony Murder Rules, Guyora Binder
Journal Articles
Contemporary commentators continue to instruct lawyers and law students that England bequeathed America a sweeping default principle of strict liability for all deaths caused in all felonies. This Article exposes the harsh "common law" felony murder rule as a myth. It retraces the origins of American felony murder rules to reveal their modern, American, and legislative sources, the rationality of their original scope, and the fairness of their original application. It demonstrates that the draconian doctrine of strict liability for all deaths resulting from all felonies was never enacted into English law or received into American law. This Article reviews …
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Buffalo Women's Law Journal
No abstract provided.
"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber
"The Power To Govern Men And Things": Patriarchal Origins Of The Police Power In American Law, Markus Dirk Dubber
Buffalo Law Review
No abstract provided.
Neonaticide: When The Bough Breaks And The Cradle Falls, Shannon Farley
Neonaticide: When The Bough Breaks And The Cradle Falls, Shannon Farley
Buffalo Law Review
No abstract provided.
The Law Of Personhood: A Review Of Markus Dirk Dubber's Victims In The War On Crime: The Use And Abuse Of Victims' Rights, Robert Elias
The Law Of Personhood: A Review Of Markus Dirk Dubber's Victims In The War On Crime: The Use And Abuse Of Victims' Rights, Robert Elias
Buffalo Law Review
No abstract provided.
Compliance Planning For Intellectural Property Crimes, Ray K. Harris, James D. Burgess Fennemore Craig, P.C.
Compliance Planning For Intellectural Property Crimes, Ray K. Harris, James D. Burgess Fennemore Craig, P.C.
Buffalo Intellectual Property Law Journal
No abstract provided.
Postpartum Psychosis And The United States Criminal Justice System, Carrie Quinlan
Postpartum Psychosis And The United States Criminal Justice System, Carrie Quinlan
Buffalo Women's Law Journal
No abstract provided.
Transplant Justice?: The Efficacy Of A Purely Common Law Concept In The International Criminal Forum, Theresa Marie Clark
Transplant Justice?: The Efficacy Of A Purely Common Law Concept In The International Criminal Forum, Theresa Marie Clark
Buffalo Human Rights Law Review
No abstract provided.
The Death Penalty, Extradition, And The War Against Terrorism: U.S. Responses To European Opinion About Capital Punishment, Kathryn F. King
The Death Penalty, Extradition, And The War Against Terrorism: U.S. Responses To European Opinion About Capital Punishment, Kathryn F. King
Buffalo Human Rights Law Review
No abstract provided.
Is The End Of The War In Sight: An Analysis Of Canada's Decriminalization Of Marijuana And The Implications For The United States "War On Drugs", Kara Godbehere Goodwin
Is The End Of The War In Sight: An Analysis Of Canada's Decriminalization Of Marijuana And The Implications For The United States "War On Drugs", Kara Godbehere Goodwin
Buffalo Public Interest Law Journal
No abstract provided.
Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold
Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold
Journal Articles
No abstract provided.