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Criminal Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 511 - 540 of 862

Full-Text Articles in Criminal Law

A Philosopher Looks At Contemporary Terrorism, Igor Primoratz Oct 2007

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 Oct 2007

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 Sep 2007

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 Sep 2007

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 May 2007

Introduction, Kyron Huigens

Cardozo Law Review

No abstract provided.


The Nature And Rationale Of Punishment, Albin Eser May 2007

The Nature And Rationale Of Punishment, Albin Eser

Cardozo Law Review

No abstract provided.


Thinking Criminal Law, Meir Dan-Cohen May 2007

Thinking Criminal Law, Meir Dan-Cohen

Cardozo Law Review

No abstract provided.


Holistic Culpability, Kimberly Kessler Ferzan May 2007

Holistic Culpability, Kimberly Kessler Ferzan

Cardozo Law Review

No abstract provided.


Legitimating Penal Law, Markus D. Dubber May 2007

Legitimating Penal Law, Markus D. Dubber

Cardozo Law Review

No abstract provided.


Prohibiting Immoralities, John Gardner May 2007

Prohibiting Immoralities, John Gardner

Cardozo Law Review

No abstract provided.


Consent And The Grammar Of Theft Law, Stuart P. Green May 2007

Consent And The Grammar Of Theft Law, Stuart P. Green

Cardozo Law Review

No abstract provided.


Rethinking The Act Requirement, Douglas Husak May 2007

Rethinking The Act Requirement, Douglas Husak

Cardozo Law Review

No abstract provided.


Rights, Wrongs, And Comparative Justifications, Vera Bergelson May 2007

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 May 2007

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 May 2007

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 May 2007

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 May 2007

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 May 2007

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 May 2007

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 May 2007

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 May 2007

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 Apr 2007

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 Apr 2007

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 Apr 2007

Sensors And Sensibilities, Kevin Werbach

Cardozo Law Review

No abstract provided.


The Jurisprudence Of Punishment, Kyron J. Huigens Apr 2007

The Jurisprudence Of Punishment, Kyron J. Huigens

Articles

No abstract provided.


Remarks: Enron And Multi-Jurisdictional Fraud, John R. Kroger Feb 2007

Remarks: Enron And Multi-Jurisdictional Fraud, John R. Kroger

Cardozo Law Review

No abstract provided.


A Comment On Professor Buell's Paper, Charles Yablon Feb 2007

A Comment On Professor Buell's Paper, Charles Yablon

Cardozo Law Review

No abstract provided.


Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction Feb 2007

Symposium: Fraud And Federalism: Overlapping Jurisdictions, Overlapping Crimes - Introduction

Cardozo Law Review

No abstract provided.


Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell Feb 2007

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 Feb 2007

Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb

Cardozo Law Review

No abstract provided.