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Criminal Law Commons

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Cardozo Law Review

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Articles 241 - 270 of 330

Full-Text Articles in Criminal Law

True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman Jul 2001

True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman

Cardozo Law Review

No abstract provided.


Causality And Responsibility, Glenn Shafer Jul 2001

Causality And Responsibility, Glenn Shafer

Cardozo Law Review

No abstract provided.


The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy Jan 2001

The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy

Cardozo Law Review

No abstract provided.


Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo Nov 2000

Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo

Cardozo Law Review

No abstract provided.


Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter May 2000

Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter

Cardozo Law Review

No abstract provided.


How The Grinch Stole Chanukah, Isaac M. Jaroslawicz Dec 1999

How The Grinch Stole Chanukah, Isaac M. Jaroslawicz

Cardozo Law Review

No abstract provided.


Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno Dec 1999

Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno

Cardozo Law Review

No abstract provided.


The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich Mar 1999

The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich

Cardozo Law Review

No abstract provided.


Rule 45(B): Ambiguity In Federal Subpoena Service, Orlee Goldfeld Jan 1999

Rule 45(B): Ambiguity In Federal Subpoena Service, Orlee Goldfeld

Cardozo Law Review

No abstract provided.


Looted Art: What Can And Should Be Done, Lawrence M. Kaye Dec 1998

Looted Art: What Can And Should Be Done, Lawrence M. Kaye

Cardozo Law Review

No abstract provided.


Outsider Trading On Confidential Information - A Breach In Search Of A Duty, Roberta S. Karmel Sep 1998

Outsider Trading On Confidential Information - A Breach In Search Of A Duty, Roberta S. Karmel

Cardozo Law Review

No abstract provided.


The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh Jul 1998

The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh

Cardozo Law Review

No abstract provided.


After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman May 1998

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman

Cardozo Law Review

No abstract provided.


Mezzanatto And The Economics Of Self-Incrimination, Eric Rasmusen May 1998

Mezzanatto And The Economics Of Self-Incrimination, Eric Rasmusen

Cardozo Law Review

No abstract provided.


Unjust Laws, Robert F. Utter Dec 1997

Unjust Laws, Robert F. Utter

Cardozo Law Review

No abstract provided.


The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet Dec 1997

The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet

Cardozo Law Review

No abstract provided.


To Resign Or Not To Resign, Stephen Ellmann Dec 1997

To Resign Or Not To Resign, Stephen Ellmann

Cardozo Law Review

No abstract provided.


Justice Stillborn: Lies, Lacunae, Incommensurability, And The Judicial Role, E. Nathaniel Gates Dec 1997

Justice Stillborn: Lies, Lacunae, Incommensurability, And The Judicial Role, E. Nathaniel Gates

Cardozo Law Review

No abstract provided.


Origins Of The Fifth Amendment And Its Critics, Leonard W. Levy Dec 1997

Origins Of The Fifth Amendment And Its Critics, Leonard W. Levy

Cardozo Law Review

No abstract provided.


Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth Sep 1997

Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth

Cardozo Law Review

No abstract provided.


Reflections On The Pricing Of Shares, Robert W. Hamilton Sep 1997

Reflections On The Pricing Of Shares, Robert W. Hamilton

Cardozo Law Review

No abstract provided.


Dividends, Noncontractibility, And Corporate Law, William W. Bratton Sep 1997

Dividends, Noncontractibility, And Corporate Law, William W. Bratton

Cardozo Law Review

No abstract provided.


The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti Sep 1997

The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti

Cardozo Law Review

No abstract provided.


A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp Jan 1997

A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp

Cardozo Law Review

A single corporate bankruptcy is like a pebble thrown into a pond: the ripples keep extending out. Every bankruptcy filing has negative consequences for the corporation's creditors, including its workers. Indeed, a corporate bankruptcy may push many small creditors over the financial brink and even force some of them to file for bankruptcy.


“Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Judith Kelleher Schafer Nov 1996

“Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Judith Kelleher Schafer

Cardozo Law Review

When Louisiana became an American possession in 1803, a primary concern of the new territorial government and its inhabitants was what kind of law would be most appropriate to provide stability and maintain order in a heterogeneous population composed of free persons of French, Spanish, and American ancestry, those of African origin, free and slave, American Indians, and various combinations of these cultures and races.


Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Peter Westen Nov 1996

Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Peter Westen

Cardozo Law Review

This Response to Professor Schafer's essay, "Under the Present Mode of Trial, Improper Verdicts are Very Often Given": Criminal Procedure Trials of Slaves in Antebellum Louisiana, is divided into two parts. First, it raises some questions about the three things Professor Schafer attempts to do in her essay. Second, this Response discusses an issue that several commentators have remarked upon over the years-namely, that criminal procedure is the area of Southern slave law that has come closest to according slaves the same protections accorded to free persons.


Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond Nov 1996

Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond

Cardozo Law Review

The substance of modem criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se has caused increasing levels of fear and concomitant calls for more vigorous enforcement of the criminal law. As a result, the rights that protect the accused from intrusions by a potentially tyrannical state and from arbitrary decision making by …


Outlawing Outcasts: Comparative Perspectives On The Differing Functions Of The Criminal Law Of Slavery In The Americas, Robert J. Cottrol Nov 1996

Outlawing Outcasts: Comparative Perspectives On The Differing Functions Of The Criminal Law Of Slavery In The Americas, Robert J. Cottrol

Cardozo Law Review

This is a commentary on some issues raised by Anthony De V. Phillips's "Doubly Condemned": Adjustments to the Crime and Punishment Regime in the Late Slavery Period in the British Caribbean Colonies and Judith K. Schafer's "Under the Present Mode of Trial, Improper Verdicts are Very Often Given": Criminal Procedure Trials of Slaves in Antebellum Louisiana, both of which appear in this volume. Both discussions highlight the role of criminal law, procedure, and punishment in helping to sustain systems of African and Afro-American chattel slavery in New World societies. They provide interesting contrasts between civil and common law approaches to …


Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Give”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Thomas D. Morris Nov 1996

Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Give”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Thomas D. Morris

Cardozo Law Review

Professor Schafer's study of the procedures and trials of slavery in antebellum Louisiana provides a superb foundation for an understanding of the criminal law of slavery. It is an understanding that we have long missed. This is particularly true in terms of the trials in the special slave courts (especially the trials of serious crimes in the First Judicial District Court in New Orleans) that were not appealed to the state supreme court after 1846, when appeals were allowed in criminal cases. Professor Schafer, our leading student of nineteenth-century Louisiana slave law, has covered the criminal cases that were appealed …


The Fate Of “Megan’S Law” In New York, Alison Virag Greissman Sep 1996

The Fate Of “Megan’S Law” In New York, Alison Virag Greissman

Cardozo Law Review

Sexual crimes disgust, anger, and frighten Americans in a way that no other human act does. The transgressions of sex offenders leave victims with lifelong scars and violate society's most fundamental notions of right and wrong. Indeed, husbands beating their wives with frying pans, boyfriends punching their girlfriends with their fists, and men striking women with kitchen chairs and baseball bats in every city of our country are atrocities. Although barbaric, these examples of violent and often fatal attacks are not of the same nature as an assault in which a man desecrates a woman by invading the most intimate …