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Articles 31 - 60 of 300
Full-Text Articles in Criminal Law
A Second Chance: Rebiography As Just Compensation, Jamila Jefferson-Jones
A Second Chance: Rebiography As Just Compensation, Jamila Jefferson-Jones
West Virginia Law Review
No abstract provided.
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
The Role Of Litigation In The Fight Against Prescription Drug Abuse, Richard C. Ausness
West Virginia Law Review
No abstract provided.
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
A Good Name: Applying Regulatory Takings Analysis To Reputation Damage Caused By Criminal History, Jamila Jefferson-Jones
West Virginia Law Review
No abstract provided.
Actmissions, Luis E. Chiesa
Actmissions, Luis E. Chiesa
West Virginia Law Review
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
The Paradoxes Of Restitution, Mark A. Edwards
The Paradoxes Of Restitution, Mark A. Edwards
West Virginia Law Review
Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution. The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.
The Wrong Kind Of Innocence: Why United States V. Begay Warrants The Extension Of "Actual Innocence" To Exclude Erroneous, Non-Capital Sentences, Greg Siepel
West Virginia Law Review
No abstract provided.
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
West Virginia Law Review
The legal status of medical marijuana in the United States is something of a paradox. On one hand, the federal government has placed a ban on the drug with no exceptions. On the other hand, forty percent of states have legal- ized its cultivation, distribution, and consumption for medical purposes. As such, medical marijuana activity is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented, nebulous zone of legality in which an activity is both legal and illegal, what …
Fred Zain, The Csi Effect, And A Philosophical Idea Of Justice: Using West Virginia As A Model For Change, Kathleen Keough Griebel
Fred Zain, The Csi Effect, And A Philosophical Idea Of Justice: Using West Virginia As A Model For Change, Kathleen Keough Griebel
West Virginia Law Review
No abstract provided.
Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney
Politicizing Crime And Punishment: Redefining "Justice" To Fight The "War On Prisoners", Craig Haney
West Virginia Law Review
No abstract provided.
The Early Demise Of Early Release, Cecelia Klingele
The Early Demise Of Early Release, Cecelia Klingele
West Virginia Law Review
Reversing the tough-on-crime policies that have defined American criminal justice for the past two decades, cash-strapped states across the nation have begun reducing the number of people they confine in prisons and jails. In their efforts to reduce correctional populations, numerous states have passed laws that allow parole boards, prison officials, or judges to shorten the sentences of people already serving time in custody. These so-called "early release" laws have proven highly controversial and in at least three states have been repealed outright. In others, they remain on the books but have provided less savings than anticipated because of the …
The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick
The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick
West Virginia Law Review
No abstract provided.
An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa, C. William Ralston
An Act Of Criminal Skullduggery: A Critical Analysis Of The Circuit Split Resolved In United States V. Abuelhawa, C. William Ralston
West Virginia Law Review
No abstract provided.
Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon
Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon
West Virginia Law Review
No abstract provided.
Battered By Men, Bruised By Injustice: The Plight Of Women Who Fight Back And The Need For The Battered Women Defense In West Virginia, Jeffrey M. Shawver
Battered By Men, Bruised By Injustice: The Plight Of Women Who Fight Back And The Need For The Battered Women Defense In West Virginia, Jeffrey M. Shawver
West Virginia Law Review
No abstract provided.
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James
West Virginia Law Review
No abstract provided.
Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg
Always Be Disclosing: The Prosecutor's Constitutional Duty To Divulge Inadmissible Evidence, Brian D. Ginsberg
West Virginia Law Review
No abstract provided.
"Murder, Pennsylvania Style": Comparing Traditional American Homicide Law To The Statutes Of Model Penal Code Jurisdictions, David Crump
West Virginia Law Review
No abstract provided.
Critiquing Crump: The Strengths And Weaknesses Of Professor Crump's Model Laws Of Homicide, Arnold H. Loewy
Critiquing Crump: The Strengths And Weaknesses Of Professor Crump's Model Laws Of Homicide, Arnold H. Loewy
West Virginia Law Review
No abstract provided.
The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen
The Youngblood Success Stories: Overcoming The "Bad Faith" Destruction Of Evidence Standard, Teresa N. Chen
West Virginia Law Review
No abstract provided.
Double Jeopardy Law And The Separation Of Powers, Alex Tsiatsos
Double Jeopardy Law And The Separation Of Powers, Alex Tsiatsos
West Virginia Law Review
No abstract provided.
Thoughts On Professor Crump's Comparison Of Traditional American Homicide Law And The Model Penal Code, Neil P. Cohen
Thoughts On Professor Crump's Comparison Of Traditional American Homicide Law And The Model Penal Code, Neil P. Cohen
West Virginia Law Review
No abstract provided.
Hate Crime Law In West Virginia, Paul R. Sheridan
Hate Crime Law In West Virginia, Paul R. Sheridan
West Virginia Law Review
No abstract provided.
Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele
Unraveling Ring V. Arizona: Balancing Judicial Sentencing Enhancements With The Sixth Amendment In Capital Punishment Schemes, Daren S. Koudele
West Virginia Law Review
No abstract provided.
When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker
West Virginia Law Review
No abstract provided.
Guardrails On The Information Superhighway: Supervising Computer Use Of The Adjudicated Sex Offender, Brian W. Mckay
Guardrails On The Information Superhighway: Supervising Computer Use Of The Adjudicated Sex Offender, Brian W. Mckay
West Virginia Law Review
No abstract provided.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Hamilton V. Accu-Tek: Collective Liability For Handgun Manufacturers In The Criminal Misuse Of Handguns, Colin K. Kelly
Hamilton V. Accu-Tek: Collective Liability For Handgun Manufacturers In The Criminal Misuse Of Handguns, Colin K. Kelly
West Virginia Law Review
No abstract provided.
Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss
Deliberate Intention Claims Based On Third-Party Criminal Acts: Blake V. John Skidmore Truck Stop, Inc., Philip R. Strauss
West Virginia Law Review
No abstract provided.
Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey
Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey
West Virginia Law Review
No abstract provided.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.