Open Access. Powered by Scholars. Published by Universities.®

Criminal Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Yeshiva University, Cardozo School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 661 - 690 of 862

Full-Text Articles in Criminal Law

The Fault Lines Of Domestic Violence Enforcement, Josephine Ross Jan 2003

The Fault Lines Of Domestic Violence Enforcement, Josephine Ross

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Go to article

How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg Jan 2003

How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg

Cardozo Journal of Equal Rights & Social Justice

The note examines the Supreme Court's decision in Ashcroft v. Free Speech Coalition, which struck down portions of the Child Pornography Prevention Act (CPPA) as unconstitutional under the First Amendment. The Court ruled that the CPPA's ban on virtual child pornography was overbroad, as it prohibited lawful speech that could have artistic, literary, or scientific value. The decision highlights the tension between protecting children from exploitation and safeguarding free speech, ultimately emphasizing the importance of allowing narratives that confront and address difficult issues like child sexual abuse.

Go to article

The Andrea Yates Trial: What Is Wrong With This Picture?, Marie Galanti Jan 2003

The Andrea Yates Trial: What Is Wrong With This Picture?, Marie Galanti

Cardozo Journal of Equal Rights & Social Justice

The article critically examines the Andrea Yates trial, arguing that it highlights significant flaws in the legal system, media coverage, and societal attitudes toward mental illness and gender roles. The trial underscores the ambiguity in legal definitions of insanity, the unequal treatment of mothers who commit infanticide, and the problematic intersection of law and media, which can undermine justice and perpetuate harmful stereotypes. The case serves as a cautionary tale about the failure of the legal system to address mental health adequately and the media's role in sensationalizing tragedy for public consumption.

Go to article

From A Biopolitical Point Of View: Nietzsche's Philosophy Of Crime, Friedrich Balke Jan 2003

From A Biopolitical Point Of View: Nietzsche's Philosophy Of Crime, Friedrich Balke

Cardozo Law Review

No abstract provided.

Go to article

Dialectic And Revolution: Confronting Kelsen And Gadamer On Legal Interpretation, Hans Lindahl Jan 2003

Dialectic And Revolution: Confronting Kelsen And Gadamer On Legal Interpretation, Hans Lindahl

Cardozo Law Review

This paper examines the general structure and conditions of legal interpretation that arise from confronting Gadamer's philosophical hermeneutics with a determinate conception of legal interpretation suggested by Kelsen's Pure Theory of Law. The Gadamerian question, "What defines legal interpretation as interpretation?", suggests that Kelsen's reference to legal norms as "schemes of interpretation" must be radicalized: a hermeneutic circularity or dialectic is at work in the law, such that the legal interpretation of reality also changes, to a lesser or greater extent, the principle of interpretation - the legal norm. The Kelsenian question, "What defines interpretation as legal interpretation?", suggests …

Go to article

The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam Jan 2003

The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam

Articles

No abstract provided.

Go to article

What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens Dec 2002

What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens

Articles

No abstract provided.

Go to article

Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens Dec 2002

Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens

Articles

No abstract provided.

Go to article

The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies Nov 2002

The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies

Cardozo Law Review

No abstract provided.

Go to article

Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter Aug 2002

Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter

Cardozo Law Review

No abstract provided.

Go to article

Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts Aug 2002

Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts

Cardozo Law Review

No abstract provided.

Go to article

The Blooding Of America: Privacy And The Dna Dragnet, Jeffrey S. Grand Aug 2002

The Blooding Of America: Privacy And The Dna Dragnet, Jeffrey S. Grand

Cardozo Law Review

No abstract provided.

Go to article

Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft Aug 2002

Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft

Cardozo Law Review

No abstract provided.

Go to article

Virtual Child Pornography: Criminal Conduct Or Protected Speech?, Daniel S. Armagh Aug 2002

Virtual Child Pornography: Criminal Conduct Or Protected Speech?, Daniel S. Armagh

Cardozo Law Review

No abstract provided.

Go to article

The Concept Of Equality In Civil Procedure, William B. Rubenstein May 2002

The Concept Of Equality In Civil Procedure, William B. Rubenstein

Cardozo Law Review

No abstract provided.

Go to article

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway May 2002

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway

Cardozo Law Review

No abstract provided.

Go to article

Homicide In Aretaic Terms, Kyron J. Huigens Apr 2002

Homicide In Aretaic Terms, Kyron J. Huigens

Articles

No abstract provided.

Go to article

U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Robert Stoll Apr 2002

U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Robert Stoll

Cardozo Journal of International and Comparative Law

The article emphasizes the critical role of effective intellectual property (IP) enforcement in fostering economic development, particularly in developing countries, and highlights the significant influence of U.S. industries and trade associations in shaping both domestic and international IP law and policy. It underscores the importance of collaboration between the private sector and government agencies like the U.S. Patent and Trademark Office (USPTO) in refining IP laws and addressing emerging challenges in areas such as biotechnology and digital innovation.

Go to article

Amusing Monsters, Anthony Paul Farley Mar 2002

Amusing Monsters, Anthony Paul Farley

Cardozo Law Review

No abstract provided.

Go to article

Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis Mar 2002

Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis

Articles

This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …

Go to article

What Is True? Perspectives Of A Former Prosecutor, Steven M. Cohen Feb 2002

What Is True? Perspectives Of A Former Prosecutor, Steven M. Cohen

Cardozo Law Review

No abstract provided.

Go to article

A Canadian Perspective On The Role Of Cooperators And Informants, Steven Skurka Feb 2002

A Canadian Perspective On The Role Of Cooperators And Informants, Steven Skurka

Cardozo Law Review

No abstract provided.

Go to article

White-Collar Cooperators: The Government In Employer-Employee Relationships, Ellen S. Podgor Feb 2002

White-Collar Cooperators: The Government In Employer-Employee Relationships, Ellen S. Podgor

Cardozo Law Review

No abstract provided.

Go to article

Closing Remarks, Barry Scheck Feb 2002

Closing Remarks, Barry Scheck

Cardozo Law Review

No abstract provided.

Go to article

Thinking Outside The Box: How The Enforcement Of Ethical Rules Can Minimize The Dangers Of Prosecutorial Leniency And Immunity Deals, Michael S. Ross Feb 2002

Thinking Outside The Box: How The Enforcement Of Ethical Rules Can Minimize The Dangers Of Prosecutorial Leniency And Immunity Deals, Michael S. Ross

Cardozo Law Review

No abstract provided.

Go to article

Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland Jan 2002

Using Excited Utterances To Prosecute Domestic Violence In New York: The Door Opens Wide, Or Just A Crack?, Brooks Holland

Cardozo Journal of Equal Rights & Social Justice

The article discusses the use of excited utterances as a hearsay exception in domestic violence prosecutions, particularly in the case of *People v. Lopez*. It highlights how this precedent allows prosecutors to use such statements without the complainant's testimony, which is crucial in cases where victims often refuse to cooperate. The author cautions against over-reliance on this exception, emphasizing the need to balance the prosecution's interests with the defendant's right to confront their accuser under the Confrontation Clause.

Go to article

Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens Jan 2002

Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens

Articles

In this response to Darryl Brown's important article, Street Crime, Corporate Crime, and the Contingency of Criminal Liability, Professor Huigens argues that Brown has chosen the wrong theory of punishment on which to rest his case for a more regulatory, less punitive, approach to street crime. Brown has chosen the best, most sophisticated consequentialist theory of punishment, as developed principally by Dan Kahan. However, consequentialist punishment theory of any kind has a significant drawback: it has no plausible conception of criminal fault. As a result, Brown is constrained to argue that the language of desert and retribution should be muted …

Go to article

A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman Jan 2002

A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman

Cardozo Journal of Equal Rights & Social Justice

The note argues that Munchausen Syndrome by Proxy (MSBP) should be legally recognized as a severe mental disorder, allowing defendants to use a diminished capacity defense in cases of accidental filicide. The author critiques the legal system's inconsistent treatment of MSBP, which often focuses on the physical harm to the child while neglecting the mother's mental state. By acknowledging MSBP as a psychiatric disorder, the law could achieve more nuanced outcomes that consider both the act and the defendant's mental condition, reducing stigma and promoting fairness in criminal liability assessments.

Go to article

Going To The Bullpen: Using Uncle Sam To Strike Out Professional Sports Violence, Kevin A. Fritz Jan 2002

Going To The Bullpen: Using Uncle Sam To Strike Out Professional Sports Violence, Kevin A. Fritz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

War Stories, Jessica Litman Jan 2002

War Stories, Jessica Litman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

First Prev Next Last