Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (123)
- International Law (54)
- Social and Behavioral Sciences (42)
- Legal Studies (32)
- Criminology and Criminal Justice (31)
-
- Sociology (28)
- Criminology (27)
- Constitutional Law (25)
- Courts (23)
- Law Enforcement and Corrections (19)
- Law and Gender (19)
- Jurisprudence (16)
- Comparative and Foreign Law (14)
- Evidence (13)
- Human Rights Law (12)
- Civil Rights and Discrimination (11)
- Law and Psychology (11)
- Law and Society (11)
- Legal History (11)
- Legal Ethics and Professional Responsibility (10)
- Legislation (10)
- Military, War, and Peace (9)
- Arts and Humanities (8)
- Supreme Court of the United States (8)
- Jurisdiction (7)
- State and Local Government Law (7)
- Business Organizations Law (6)
- Health Law and Policy (6)
- Institution
-
- Yeshiva University, Cardozo School of Law (27)
- Northwestern Pritzker School of Law (25)
- Case Western Reserve University School of Law (21)
- Cornell University Law School (19)
- BLR (18)
-
- Columbia Law School (15)
- Fordham Law School (15)
- Vanderbilt University Law School (15)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (12)
- American University Washington College of Law (11)
- University of Arkansas Little Rock (10)
- University of Michigan Law School (10)
- Florida State University College of Law (8)
- Brigham Young University Law School (7)
- University at Buffalo School of Law (7)
- University of Richmond (7)
- Georgetown University Law Center (6)
- Maurer School of Law: Indiana University (6)
- New York Law School (6)
- Seattle University School of Law (6)
- Washington and Lee University School of Law (6)
- Pace University (5)
- UIC School of Law (5)
- University of Colorado Law School (5)
- Boston University School of Law (4)
- Mitchell Hamline School of Law (4)
- University of Oklahoma College of Law (4)
- William & Mary Law School (4)
- Brooklyn Law School (3)
- Cleveland State University (3)
- Keyword
-
- Criminal law (37)
- Criminal Law and Procedure (26)
- Death penalty (25)
- Capital punishment (19)
- Terrorism (11)
-
- Criminal procedure (7)
- Due process (7)
- Punishment (7)
- Sentencing (7)
- Constitutional Law (6)
- Eighth Amendment (6)
- International Law (6)
- Criminal justice (5)
- Human Rights Law (5)
- International Criminal Court (5)
- Jurisdiction (5)
- Jurisprudence (5)
- Mental illness (5)
- Sex offenders (5)
- Atkins v. Virginia (4)
- Capital cases (4)
- Criminal Law (4)
- Criminal defense (4)
- Domestic violence (4)
- Drugs (4)
- Insanity defense (4)
- International law (4)
- Law enforcement (4)
- Mental retardation (4)
- Model Penal Code (4)
- Publication
-
- Faculty Scholarship (37)
- Journal of Criminal Law and Criminology (25)
- War Crimes Memoranda (20)
- Cornell Law Faculty Publications (18)
- ExpressO (17)
-
- Nevada Supreme Court Summaries (11)
- Cardozo Law Review (10)
- Fordham Urban Law Journal (10)
- Faculty Publications (9)
- Cardozo Journal of Equal Rights & Social Justice (7)
- The Journal of Appellate Practice and Process (7)
- Vanderbilt Law School Faculty Publications (7)
- Articles by Maurer Faculty (6)
- BYU Law Review (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Seattle University Law Review (6)
- Articles & Chapters (5)
- Cardozo Public Law, Policy & Ethics Journal (5)
- Elisabeth Haub School of Law Faculty Publications (5)
- Scholarly Articles in Law Reviews & Journals (5)
- Scholarly Publications (5)
- UIC Law Review (5)
- Articles (4)
- Oklahoma Law Review (4)
- Scholarly Articles (4)
- University of Richmond Law Review (4)
- Vanderbilt Journal of Transnational Law (4)
- Vanderbilt Law Review (4)
- Florida State University Journal of Transnational Law & Policy (3)
- New England Journal of Public Policy (3)
- Publication Type
Articles 241 - 270 of 354
Full-Text Articles in Criminal Law
Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker
Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker
Journal of Criminal Law and Criminology
No abstract provided.
Facilitating Fairness: The Judge's Role In The Sixth Amendment Right To Effective Counsel, John Capone
Facilitating Fairness: The Judge's Role In The Sixth Amendment Right To Effective Counsel, John Capone
Journal of Criminal Law and Criminology
No abstract provided.
Hope V. Pelzer: Increasing The Accountability Of State Actors In Prison Systems - A Necessary Enterprise In Guaranteeing The Eight Amendment Rights Of Prison Inmates, Alison Chin
Journal of Criminal Law and Criminology
No abstract provided.
Harris V. United States: The Supreme Court's Latest Avoidance Of Providing Constitutional Protection To Sentencing Factors, Julie L. Hendrix
Harris V. United States: The Supreme Court's Latest Avoidance Of Providing Constitutional Protection To Sentencing Factors, Julie L. Hendrix
Journal of Criminal Law and Criminology
No abstract provided.
Unequal Justice: The Supreme Court's Failure To Curtail Selective Prosecution For The Death Penalty, Jessie Larson
Unequal Justice: The Supreme Court's Failure To Curtail Selective Prosecution For The Death Penalty, Jessie Larson
Journal of Criminal Law and Criminology
No abstract provided.
United States V. Arvizu: Investigatory Stops And The Fourth Amendment, Jennifer Pelic
United States V. Arvizu: Investigatory Stops And The Fourth Amendment, Jennifer Pelic
Journal of Criminal Law and Criminology
No abstract provided.
United States V. Drayton: The Need For Bright-Line Warnings During Consensual Bus Searches, Marissa Reich
United States V. Drayton: The Need For Bright-Line Warnings During Consensual Bus Searches, Marissa Reich
Journal of Criminal Law and Criminology
No abstract provided.
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
Journal of Criminal Law and Criminology
No abstract provided.
The Relationship Between Public Perceptions Of Crime Seriousness And Support For Plea-Bargaining Practices In Israel: A Factorial Survey Approach, Sergio Herzog
Journal of Criminal Law and Criminology
No abstract provided.
Respect And The Fourth Amendment, Andrew E. Taslitz
Respect And The Fourth Amendment, Andrew E. Taslitz
Journal of Criminal Law and Criminology
No abstract provided.
It's Not Always About The Money: Why The State Identity Theft Laws Fail To Adequately Address Criminal Record Identity Theft, Michael W. Perl
It's Not Always About The Money: Why The State Identity Theft Laws Fail To Adequately Address Criminal Record Identity Theft, Michael W. Perl
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Back To The Future: Does Apprendi Bar A Legislature's Power To Shift The Burden Of Proof Away From The Prosecution By Labeling An Element Of A Traditional Crime As An Affirmative Defense?, Leslie Yalof Garfield
Back To The Future: Does Apprendi Bar A Legislature's Power To Shift The Burden Of Proof Away From The Prosecution By Labeling An Element Of A Traditional Crime As An Affirmative Defense?, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This Article considers whether it would be sound to extend the Apprendi rule to affirmative defenses. Part II of this Article considers the historical foundation of the Due Process Clause and the evolution of the assignment of the burden of proof for affirmative defenses and sentencing factors. Part II also reviews Mullaney and its progeny through the most current case, Apprendi. Part III discusses the Court's model for determining which categories of statutory language constitute elements requiring proof beyond a reasonable doubt and which are "nonessential element[s] of an offense." Part IV evaluates whether it is appropriate to assign the …
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley
Scholarly Works
Discussing terrorism in light of the September 11 atrocities is daunting. It requires one to wonder how to maintain an equilibrium in the face of a menace that wishes its own death as long as it flows from the slaughter of ‘the enemy.‘ How is it possible to combat this menace without falling into a trap of hatred or blind fear that leads to the use of terror to fight terrorism? The overarching issues relating to September 11, terrorism, and counter-terrorism include: whether oppression can provide any justification for that atrocity; similarly, whether that attack calls for or allows self-defense …
Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus
Minnesota's Sex Offender Commitment Program: Would An Empirically-Based Prevention Policy By More Effective?, Eric S. Janus
Faculty Scholarship
Minnesota’s sex offender commitment scheme is not just a bad idea; it likely has bad consequences. It is a huge and disproportionate sink for resources that ight be put to more effective use in the fight against sexual violence. Worse, its demand for resources will continue to grow, thus predetermining to a large extent how prevention and treatment dollars are spent. It is very possible that a more rational allocation of these resources would actually prevent more violence than the allocation that is automatically produced by the sex offender commitment scheme. At the very least, the fight against sexual violence …
Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan
Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan
Cardozo Journal of Equal Rights & Social Justice
The article examines the contradiction in California's legal framework where minors are criminalized for prostitution under California Penal Code section 647(b), despite being legally incapable of consenting to sex. It argues that such laws fail to protect child prostitutes, who are often victims of exploitation, and instead perpetuate their harm by punishing them rather than addressing the root causes of their situation.
The Silencing Of A Woman's Choice: Mandatory Arrest And No Drop Prosecution Policies In Domestic Violence Cases, Jessica Dayton
The Silencing Of A Woman's Choice: Mandatory Arrest And No Drop Prosecution Policies In Domestic Violence Cases, Jessica Dayton
Cardozo Journal of Equal Rights & Social Justice
The article critiques mandatory arrest and no-drop prosecution policies in domestic violence cases, arguing that these policies undermine the autonomy of women by taking away their right to make decisions about their own safety and legal actions. The author advocates for a more flexible, victim-centered approach that respects each woman's unique circumstances and empowers her to make informed choices.
The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin
The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin
Cardozo Journal of Equal Rights & Social Justice
The article argues that lesbian partner abuse is systematically overlooked in both academic discourse and legal systems, which predominantly rely on heteronormative frameworks that fail to account for same-sex relationships. This exclusion perpetuates the marginalization of abused lesbians, who face unique barriers due to societal homophobia, internalized shame, and the legal system's reliance on heterosexual models of domestic violence.
Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb
Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb
Cardozo Journal of Equal Rights & Social Justice
The article explores how feminist legal theory is applied and developed through case studies and media analysis, emphasizing the interplay between theory and practice. It highlights the need to challenge traditional gender hierarchies and the role of media in shaping gender perceptions, advocating for a reimagined understanding of gender roles.
The Fault Lines Of Domestic Violence Enforcement, Josephine Ross
The Fault Lines Of Domestic Violence Enforcement, Josephine Ross
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg
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.
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Michigan Journal of International Law
This Note will examine problems that arise from the language of the Rome Statute itself. Part II will examine the potential strategic uses of the Rome Statute's jurisdictional aspects. It will also examine how the fairness concerns raised by this potential usage are exacerbated when the potential State abuser is a permanent member of the Security Council. Part III will look at the language of the Rome Statute's definition of crimes against humanity. It will also examine the various and varying interpretations of this language by the scholars and commentators who have examined the issue.
The Black Market For Wildlife: Combating Transnational Organized Crime In The Illegal Wildlife Trade, Mara E. Zimmerman
The Black Market For Wildlife: Combating Transnational Organized Crime In The Illegal Wildlife Trade, Mara E. Zimmerman
Vanderbilt Journal of Transnational Law
Trade in endangered wildlife has been a concern in the global community since the dawn of international environmental law. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), one of the most successful international environmental treaties established, addresses the issue through regulation of international trade in certain wildlife species. However, the effectiveness of the treaty has been greatly undermined through illegal wildlife trading. Recently, the illegal wildlife trade has attracted the attention of organized criminal groups, whose participation in the trade have helped make the black market for wildlife the second largest in the world. …
Anger And Intent For Murder: The Supreme Court Decisions In R. V. Parent, Joanne Klineberg
Anger And Intent For Murder: The Supreme Court Decisions In R. V. Parent, Joanne Klineberg
Osgoode Hall Law Journal
In R v. Parent, the Supreme Court of Canada recently held that intense anger alone is not, of itself, a defence to murder, although anger does play a role in reducing murder to manslaughter in connection with the defence of provocation. The Court's brief decision ignores twenty years of contrary jurisprudence and fails to provide detailed reasons for its conclusion, resulting in uncertainty about the scope and application of the decision. In this article, the author explores the relationship between anger and intent for murder, and outlines some possible arguments the Court could have relied on that would have provided …
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
By Any Means Necessary: Evaluating The Effectiveness Of Texas' Dna Testing Law In The Adjudication Of Free-Standing Claims Of Actual Innocence, Daryl E. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Criminal Law: The Oklahoma Court Of Criminal Appeals' Procedural And Substantive Application Of Ring V. Arizona To Oklahoma's Capital Sentencing Scheme, Seth S. Branham
Criminal Law: The Oklahoma Court Of Criminal Appeals' Procedural And Substantive Application Of Ring V. Arizona To Oklahoma's Capital Sentencing Scheme, Seth S. Branham
Oklahoma Law Review
No abstract provided.
Evidence: Is Oklahoma Balancing The Scales Of Justice By Tying The Hands Of Trial Judges?: The 2002 Amendment To Section 2403 Of The Oklahoma Evidence Code Mandating Admission Of In-Life Victim Photographs In Homicide Cases, Liesa L. Richter
Oklahoma Law Review
No abstract provided.