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Articles 511 - 540 of 862
Full-Text Articles in Criminal Law
A Philosopher Looks At Contemporary Terrorism, Igor Primoratz
A Philosopher Looks At Contemporary Terrorism, Igor Primoratz
Cardozo Law Review
No abstract provided.
More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb
More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb
Cardozo Law Review
No abstract provided.
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Articles
Legal scholarship has long treated substantive criminal law and evidence as two separate and distinct fields. The former largely concerns itself with evaluating substantive criminal law rules by reference to various animating theories-most prominently, those of deterrence and retributivism.' Scholars, students, and policymakers laud or condemn doctrines based on notions of "just deserts" or ideas about the incentives they create for those disposed to commit a crime. When it comes to the numerous evidentiary and other rules that determine the course of prosecutions and proof, however, the conversation is different. Here, questions of reliability, evidential worth, and accuracy in fact-finding …
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Articles
This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law's deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law's dominant animating theories-deterrence and …
Introduction, Kyron Huigens
The Nature And Rationale Of Punishment, Albin Eser
The Nature And Rationale Of Punishment, Albin Eser
Cardozo Law Review
No abstract provided.
Thinking Criminal Law, Meir Dan-Cohen
Holistic Culpability, Kimberly Kessler Ferzan
Holistic Culpability, Kimberly Kessler Ferzan
Cardozo Law Review
No abstract provided.
Legitimating Penal Law, Markus D. Dubber
Prohibiting Immoralities, John Gardner
Consent And The Grammar Of Theft Law, Stuart P. Green
Consent And The Grammar Of Theft Law, Stuart P. Green
Cardozo Law Review
No abstract provided.
Rethinking The Act Requirement, Douglas Husak
Rethinking The Act Requirement, Douglas Husak
Cardozo Law Review
No abstract provided.
Rights, Wrongs, And Comparative Justifications, Vera Bergelson
Rights, Wrongs, And Comparative Justifications, Vera Bergelson
Cardozo Law Review
No abstract provided.
Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher
Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher
Cardozo Law Review
No abstract provided.
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis Ernesto Chiesa
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis Ernesto Chiesa
Cardozo Law Review
No abstract provided.
Criminalising Remote Harm And The Case Of Anti-Democratic Activity, Shlomit Wallerstein
Criminalising Remote Harm And The Case Of Anti-Democratic Activity, Shlomit Wallerstein
Cardozo Law Review
No abstract provided.
The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger
The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger
Cardozo Law Review
No abstract provided.
Toward A Universal System Of Crime: Comments On George Fletcher's Grammar Of Criminal Law, Kai Ambos
Toward A Universal System Of Crime: Comments On George Fletcher's Grammar Of Criminal Law, Kai Ambos
Cardozo Law Review
No abstract provided.
Why Only The State May Inflict Criminal Sanctions: The Argument From Moral Burdens, Alon Harel
Why Only The State May Inflict Criminal Sanctions: The Argument From Moral Burdens, Alon Harel
Cardozo Law Review
No abstract provided.
The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan
The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan
Cardozo Law Review
No abstract provided.
Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero
Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero
Cardozo Law Review
No abstract provided.
Creating An Adolescent Criminal Class: Juvenile Court Jurisdiction Over Status Offenders, Soma R. Kedia
Creating An Adolescent Criminal Class: Juvenile Court Jurisdiction Over Status Offenders, Soma R. Kedia
Cardozo Public Law, Policy & Ethics Journal
The article argues that status offenders, who commit non-criminal offenses such as truancy or running away, are unfairly treated similarly to juvenile delinquents in the court system. This treatment often leads to detention in the same facilities as delinquents, which can exacerbate behavioral issues and increase the likelihood of future criminal behavior. The author advocates for a distinct approach to handling status offenders, emphasizing the need for social services and alternative programs tailored to their specific needs rather than punitive measures.
Birds Of An Illegal Feather: Prostitution And Paid Pornography Should Be Criminalized Together, Zachary David Streit
Birds Of An Illegal Feather: Prostitution And Paid Pornography Should Be Criminalized Together, Zachary David Streit
Cardozo Public Law, Policy & Ethics Journal
The note argues that prostitution and paid pornography should be criminalized together under the same legal framework. Both activities are criticized for their harmful effects, including the objectification and exploitation of women, as well as contributing to social ills such as disease and violence. The author advocates for the use of existing prostitution laws to prosecute those involved in pornography, arguing that this approach is legally sound and would help reduce the negative impacts of both industries.
Sensors And Sensibilities, Kevin Werbach
The Jurisprudence Of Punishment, Kyron J. Huigens
Remarks: Enron And Multi-Jurisdictional Fraud, John R. Kroger
Remarks: Enron And Multi-Jurisdictional Fraud, John R. Kroger
Cardozo Law Review
No abstract provided.
A Comment On Professor Buell's Paper, Charles Yablon
A Comment On Professor Buell's Paper, Charles Yablon
Cardozo Law Review
No abstract provided.
Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction
Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction
Cardozo Law Review
No abstract provided.
Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell
Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell
Cardozo Law Review
No abstract provided.
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb
Cardozo Law Review
No abstract provided.