Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (218)
- Constitutional Law (117)
- Social and Behavioral Sciences (70)
- International Law (66)
- Juvenile Law (58)
-
- Courts (54)
- Human Rights Law (48)
- Other Law (46)
- Legal Studies (41)
- Legislation (40)
- Evidence (39)
- Civil Rights and Discrimination (38)
- Criminology and Criminal Justice (38)
- Law and Gender (38)
- Sociology (38)
- Comparative and Foreign Law (34)
- Criminology (33)
- Immigration Law (30)
- Fourteenth Amendment (29)
- Legal Theory (28)
- Other Legal Studies (28)
- Law and Psychology (27)
- Legal History (27)
- Law Enforcement and Corrections (26)
- Administrative Law (25)
- Family Law (25)
- Sexuality and the Law (25)
- National Security Law (23)
- Institution
-
- Pepperdine University (59)
- Yeshiva University, Cardozo School of Law (31)
- Seattle University School of Law (28)
- Northwestern Pritzker School of Law (27)
- Southwestern Oklahoma State University (27)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (26)
- Washington and Lee University School of Law (26)
- American University Washington College of Law (24)
- University of Michigan Law School (23)
- Columbia Law School (15)
- University of Georgia School of Law (14)
- University of the Pacific (14)
- Schulich School of Law, Dalhousie University (12)
- Touro University Jacob D. Fuchsberg Law Center (12)
- UIC School of Law (11)
- Case Western Reserve University School of Law (10)
- Duquesne University (10)
- Loyola University Chicago, School of Law (10)
- University of Colorado Law School (10)
- Cleveland State University (9)
- University at Buffalo School of Law (9)
- William & Mary Law School (9)
- Florida International University College of Law (8)
- Florida State University College of Law (8)
- University of Florida Levin College of Law (8)
- University of Kentucky (8)
- Cornell University Law School (7)
- Penn State Dickinson Law (7)
- University of Maryland Francis King Carey School of Law (7)
- Boston University School of Law (6)
- Keyword
-
- Criminal law (51)
- Criminal justice (41)
- Crime (36)
- Criminology (28)
- Justice (28)
-
- Corrections (27)
- Qc (27)
- Qualitative criminology (27)
- Sentencing (26)
- Criminal Law (23)
- Right to counsel (22)
- Defense (Criminal procedure) (16)
- Defense attorneys (16)
- Crimes (15)
- Death penalty (15)
- Legal representation (15)
- Criminal procedure (14)
- Fourth Amendment (14)
- Sixth Amendment (14)
- Evidence (13)
- Law (12)
- Punishment (12)
- Constitutional Law (10)
- Criminal justice system (10)
- Due process (10)
- International Criminal Court (10)
- Eighth Amendment (9)
- ICC (9)
- New York (9)
- Juvenile justice (8)
- Publication
-
- Pepperdine Law Review (57)
- Faculty Scholarship (43)
- Qualitative Criminology (QC) (27)
- Journal of Criminal Law and Criminology (26)
- Nevada Supreme Court Summaries (22)
-
- Faculty Publications (19)
- Seattle Journal for Social Justice (18)
- Washington and Lee Law Review (16)
- Articles (13)
- Cardozo Law Review (11)
- Scholarly Works (11)
- Touro Law Review (11)
- Criminal Law Practitioner (10)
- Duquesne Law Review (10)
- McGeorge Law Review (10)
- War Crimes Memoranda (10)
- Scholarly Articles in Law Reviews & Journals (9)
- All Faculty Scholarship (8)
- Publications (8)
- Scholarly Publications (8)
- Cardozo Journal of International and Comparative Law (7)
- Children's Legal Rights Journal (7)
- Dalhousie Law Journal (7)
- All Faculty Publications (6)
- Cornell Law Faculty Publications (6)
- Faculty Journal Articles and Book Chapters (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Scholarly Articles (6)
- Seattle University Law Review (6)
- Articles, Book Chapters, & Popular Press (5)
- Publication Type
Articles 391 - 420 of 651
Full-Text Articles in Criminal Law
Do You Know Where Your Dna Is? The Need For Dna Legislation In Ohio, Elizabeth Collins
Do You Know Where Your Dna Is? The Need For Dna Legislation In Ohio, Elizabeth Collins
Journal of Law and Health
This Note examines the several privacy and safety issues stemming from DNA theft. Part II discusses constitutional and common law regarding the abandonment of property, particularly under the Fourth Amendment, and explains how the Fourth Amendment does not protect individuals from DNA theft. Part III details the many consequences resulting from DNA theft. These risks, among countless others, include employment and insurance discrimination, family turmoil caused by paternity testing which is often inaccurate and conducted without consent, genetic stalking, security risks, and the unauthorized publication of personal medical information and ancestral information. Part IV examines DNA theft legislation adopted by …
Making The Fair Sentencing Act Retroactive: Just Think Of The Savings . . . Clause, Jeff Lazarus
Making The Fair Sentencing Act Retroactive: Just Think Of The Savings . . . Clause, Jeff Lazarus
Cleveland State Law Review
This article advocates for the retroactive application of the Fair Sentencing Act. Part II of this Article will detail the history of the federal crack cocaine sentencing laws, from 1986 through the passage of the Fair Sentencing Act. Part III will detail the recent cases dealing with attempts at retroactivity in the lower courts. Part IV outlines the Supreme Court’s holding in United States v. Dorsey, which was a ground-breaking step towards the FSA’s retroactive effect. Part V offers arguments in support of retroactivity. Part VI offers legal challenges in which inmates can seek relief in the courts. In Part …
Striking A Balance: Why Ohio's Felony-Arrestee Dna Statute Is Unconstitutional And Ripe For Legistlative Action, Brendan Heil
Striking A Balance: Why Ohio's Felony-Arrestee Dna Statute Is Unconstitutional And Ripe For Legistlative Action, Brendan Heil
Cleveland State Law Review
This Note argues that Ohio’s felony-arrestee DNA statute violates Article I, section 14 of the Ohio Constitution and the Fourth Amendment to the United States Constitution. The initial physical swab and the subsequent database searches of an arrestee’s DNA sample, while the arrestee is in custody or being prosecuted, do not violate the Fourth Amendment. However, the inclusion of an innocent person’s DNA in Ohio’s DNA database, subject to repeated searches over time, violates both the Ohio and federal constitutional protections against unreasonable searches. Broadly written DNA statutes trample people’s civil rights, and more carefully drawn legislation could meet the …
The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge
The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge
Lewis Honors College Capstone Collection
This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández
Maryland Law Review
No abstract provided.
Applicability Of Combatant Status To Pirates, The Pilpg
Applicability Of Combatant Status To Pirates, The Pilpg
War Crimes Memoranda
No abstract provided.
Investing In Cannabis: Inconsistent Government Regulation And Constraints On Capital, Adrian A. Ohmer
Investing In Cannabis: Inconsistent Government Regulation And Constraints On Capital, Adrian A. Ohmer
Michigan Business & Entrepreneurial Law Review
This note’s focus is on the future of investing in the growing legalized cannabis industry. In Part II, it will provide a brief history of federal and state regulation of cannabis. Part III will discuss the current role of the federal government in regulating the cannabis industry. Part IV will explore the current avenues of access to capital for the cannabis industry. Lastly, Part V will provide suggestions for the federal government and state governments to reduce investment risk that exists in the cannabis industry.
Channel Checking And Insider Trading Liability, Michael Byun
Channel Checking And Insider Trading Liability, Michael Byun
Michigan Business & Entrepreneurial Law Review
This note addresses the potential legality or illegality of channel checking in the context of a private equity buyout. In Part II, this note uses a hypothetical to demonstrate a situation in which a private equity acquirer might engage in a channel check. In Part III, this note analyzes federal judicial and SEC cases that have developed various categories of insider trading liability, and provides a framework for insider trading liability. In Part IV, this note applies the analysis from Part III to the hypothetical described in Part II. Part IV attempts to reach a conclusion about whether the private …
Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr
Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr
Law & Economics Working Papers
This paper critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise-condemned discrimination, sanitized by scientific language. To demonstrate that this practice should be subject to heightened constitutional scrutiny, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that it cannot survive that scrutiny and is undesirable policy, I review the empirical evidence underlying the instruments. I …
"Off With His __": Analyzing The Sex Disparity In Chemical Castration Sentences, Zachary Edmonds Oswald
"Off With His __": Analyzing The Sex Disparity In Chemical Castration Sentences, Zachary Edmonds Oswald
Michigan Journal of Gender & Law
Societies around the world have performed castration, in its various forms, on their male and female members for thousands of years, for numerous reasons. Even within the United States, prisoners have been sentenced to castration (as a form of punishment or crime prevention) since the early twentieth century. In recent years, legislatures have perpetuated this practice but with a modern twist. Now, states use chemical injections to castrate their inmates. It turns out, however, that systemic problems plague the chemical castration sentencing regime. These problems arise from the nature of the crimes eligible for chemical castration sentences, the manner of …
Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner
Beyond Seduction: Lessons Learned About Rape, Politics, And Power From Dominique Strauss-Kahn And Moshe Katsav, Hannah Brenner
Michigan Journal of Gender & Law
n the last decade, two influential international political figures, Dominique Strauss-Kahn, former head of the International Monetary Fund, and Moshe Katsav, former President of Israel, were accused of engaging in extreme and ongoing patterns of sexual violence. The collection of formal charges against the two men included rape, forcible indecent assault, sexual harassment, and obstruction of justice. The respective narratives surrounding the allegations against Katsav and Strauss-Kahn have their own individual characteristics, and each of the cases unfolded in diverging ways. Yet, the actions of these two men taken together, and the corresponding response of the legal systems in France, …
Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice, Ezekiel Rediker
Courts Of Appeal And Colonialism In The British Caribbean: A Case For The Caribbean Court Of Justice, Ezekiel Rediker
Michigan Journal of International Law
In recent years, a public debate on law and the colonial legacy has engaged people of all walks of life in the English Speaking Caribbean (ESC), from judges and politicians to young people in the streets. Throughout the ESC, the Judicial Committee of the Privy Council (JCPC)—based in London and composed of British jurists—has been the highest court of appeal since the colonial era. In the past decade, however, Caribbean governments have sought greater control over their legal systems. In 2005, they created the Caribbean Court of Justice (CCJ) to supplant the British Privy Council as the Supreme Court for …
The Michigan Guidelines On The Exclusion Of International Criminals
The Michigan Guidelines On The Exclusion Of International Criminals
Michigan Journal of International Law
With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …
Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl
Books and Chapters
The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary
Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary
Articles
No abstract provided.
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein
Articles
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …
Summary Of Brass V. State, 128 Nev. Adv. Op. 68, Joseph Sakai
Summary Of Brass V. State, 128 Nev. Adv. Op. 68, Joseph Sakai
Nevada Supreme Court Summaries
An appeal addressing whether a district court committed reversible error by dismissing a prospective juror before conducting a Batson2 hearing, and whether there was evidence to support a kidnapping conviction.
Military Veterans, Culpability, And Blame, Youngjae Lee
Military Veterans, Culpability, And Blame, Youngjae Lee
Faculty Scholarship
Recently in Porter v. McCollum, the United States Supreme Court, citing “a long tradition of according leniency to veterans in recognition of their service,” held that a defense lawyer’s failure to present his client’s military service record as mitigating evidence during his sentencing for two murders amounted to ineffective assistance of counsel. The purpose of this article is to assess, from the just deserts perspective, the grounds to believe that veterans who commit crimes are to be blamed less by the State than offenders without such backgrounds. Two rationales for a differential treatment of military veterans who commit crimes are …
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley
Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley
Psychology Faculty Scholarship
Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …
Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, The Pilpg
Applying The Lockerbie Model To A Proposed Extraterritorial Somali Anti-Piracy Court, The Pilpg
War Crimes Memoranda
No abstract provided.
Piracy Definitions In Domestic And Regional Systems, The Pilpg
Piracy Definitions In Domestic And Regional Systems, The Pilpg
War Crimes Memoranda
No abstract provided.
Obligations Of A Country Where Trafficking For Ransom Occurs, Morgan Kearse
Obligations Of A Country Where Trafficking For Ransom Occurs, Morgan Kearse
War Crimes Memoranda
No abstract provided.
Adverse Inference From Silence Of Accused, Jiefei Yang
Adverse Inference From Silence Of Accused, Jiefei Yang
War Crimes Memoranda
No abstract provided.
A Comparative Study Of Sentencing In In Absentia Trials, Heather Lee
A Comparative Study Of Sentencing In In Absentia Trials, Heather Lee
War Crimes Memoranda
No abstract provided.
Comparative Study On The Qualifications And Testimonies Of Expert Witnesses, Jonathan Slomski
Comparative Study On The Qualifications And Testimonies Of Expert Witnesses, Jonathan Slomski
War Crimes Memoranda
No abstract provided.
Comparative Analysis Of Global Domestic Terrorism Sentencing Laws, Evan Charles Pelecky
Comparative Analysis Of Global Domestic Terrorism Sentencing Laws, Evan Charles Pelecky
War Crimes Memoranda
No abstract provided.
Response To Comments By Professors Baer, Candeub, Medwed, Painter, And Prentice, Manuel A. Utset
Response To Comments By Professors Baer, Candeub, Medwed, Painter, And Prentice, Manuel A. Utset
Scholarly Publications
No abstract provided.
Corporate Actors, Corporate Crimes And Time-Inconsistent Preference, Manuel A. Utset
Corporate Actors, Corporate Crimes And Time-Inconsistent Preference, Manuel A. Utset
Scholarly Publications
No abstract provided.
Utah's Children Need A Tourniquet, Not A Band-Aid: Why Utah Should Adopt A Separate Involuntary Civil Commitment Statute For Incompetent Sexual Offenders, Tara Pincock
Utah OnLaw: The Utah Law Review Online Supplement
Utah needs to close the loophole that allows ISOs to be released by adopting a separate civil commitment statute. Utah should model its statute after similar statutes passed in Kansas and Washington, except Utah’s statute should only apply to incompetent individuals who are unlikely to regain competency. This separate civil commitment procedure will ensure that the ISO is sequestered until such a time that he is no longer a threat to society. The state could house those committed under this statute at a secure facility, such as the Utah State Hospital. The state could then use the sex-offender-treatment program used …
Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia
Let's Horse Around: How Utilizing Equine And Horsemanship Activities Furthers The Goals Of The Juvenile Detention Alternatives Initiative, Yvette Delaguardia
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.