Criminal Law Commons^™

Nazi War Criminals In The United States: It's Never Too Late For Justice, David R. Gelfand

Vanderbilt Journal of Transnational Law

While this note focuses on Nazi war criminals living in the United States, it calls for international cooperation in prosecuting war criminals. It traces the history of post-war agreements relating to the prosecution of Nazi war criminals, and their application at the Nuremberg Trials. This note then examines how Nazi war criminals entered the United States following World War II, and how they have lived here for four decades virtually unnoticed. Additionally, this note analyzes the recent efforts of the Office of Special Investigations (OSI), a branch of the Department of Justice, to prosecute Nazi war criminals living in the …

Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar

Faculty Scholarship

No abstract provided.

Victims And Witnesses: New Concerns In The Criminal Justice System, Roger J. Miner '56

Criminal Law

No abstract provided.

The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The guilty but mentally ill verdict has received increasing attention. Several states had already passed or were seriously considering legislation establishing a guilty but mentally ill verdict before John Hinckley's 1982 acquittal vaulted the idea into national prominence. Today at least twelve states have adopted some version of the verdict and perhaps twenty others have considered or are considering similar statutes.

Yet despite the popularity of the guilty but mentally ill scheme, the American Bar Association's Criminal Justice Mental Health Standards, the American Psychiatric Association Statement on the Insanity Defense,' and the National Mental Health Association's Commission on the Insanity …

Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Kentucky Law Survey: Criminal Law, Linda K. West

Kentucky Law Journal

No abstract provided.

The Wrongs Of Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher

Vanderbilt Journal of Transnational Law

This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …

A Transaction Theory Of Crime?, George P. Fletcher

Faculty Scholarship

The most difficult questions are foundational. It is no surprise then that one of the most puzzling questions in criminal law frames the whole inquiry: what is the nature of crime? Positivists dispose of the question easily. If the law is whatever the legislature and courts say it is, then crime is whatever these authoritative agencies designate as crime. The question becomes more interesting, however, if we regard crime as a prepositive concept, a concept that exists logically prior to the positive law. It is not that conduct is criminal because the legislature speaks; rather the legislature speaks because conduct …

Legislative Changes In The Law: Victims-Witnesses Young And Old, Gerald S. Reamey

Faculty CLE

No abstract provided.

Jurisprudential Confusion In Eighth Amendment Analysis, John C. Shawde

University of Miami Law Review

No abstract provided.

Criminal Law, John M. Schmolesky

Faculty Articles

No abstract provided.

Municipal Tort Liability For Criminal Attacks Against Passengers On Mass Transportation, Robert S. Ondrovic, Robert S. Ondrovic, Robert S. Ondrovic, Robert S. Ondrovic

Fordham Urban Law Journal

This Note discusses municipal tort liability for criminal attacks against passengers. The analysis focuses upon the liability of the New York City Transit Authority (TA). Comparisons are made to other mass transit systems in order to examine various theories concerning the duty owed by the municipally-run transit system to its passengers. Recommendations are offered to construct a clear standard of care with corresponding limits on liability. Further, this Note discusses various safety measures and will analyze the issues of whether the TA has assumed a duty to protect its passengers by developing such measures to combat subway crime and the …

Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

This Article evaluates two different economic models of criminal law as applied to the enforcement of antitrust laws. The author argues that economic models which propose antitrust punishment be limited to fines and then to fines that are levied against only business entities, are deficient because they account for only the general deterrent effect of punishment and include a value of criminal benefit for the offender, a value not shared by society. He presents, as an alternative, a model that accounts for benefits afforded by incarceration such as the signaling of what is a criminal offense, changes in the criminal's …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Quaderni Di Scienze Criminali: The Penal Protection of Works of Art. Edited by the International Institute of Higher Studies in Criminal Sciences. Siracusa, Italy: The International Institute of Higher Studies in Criminal Sciences, 1983. Pp. 447.

Japanese Business Law and the Legal System. By Elliott J. Hahn. Westport, Connecticut and London, England: Quorum Books, 1984. Pp. vii, 168. $35.00.

The Exchange Rate System: Lessons of the Past and Options for the Future. Edited by Ellas H. Wright. Washington, D.C.: International Monetary Fund, 1984. Pp. vii, 55. $7.50.

The International Maritime Organization. Edited by Samie Mandrabody. London: Croom Helm Ltd., 1984. …

Organised Resistance, Terrorism And Criminality In Ireland: The State's Construction Of The Control Equation, Mark Findlay

Research Collection Yong Pung How School Of Law

Despite the reality of partition that created "two Irelands," comparative analysis of the state's reactions to terrorism in the Province and in the Republic is rare. The struggle over reunification, which permeates society on both sides of the border, is usually viewed by the populist press not from the Irish viewpoint, but rather from the perspective of the British government. Given this bias, organized resistance -- most notably in the North of Ireland -- is represented as an assault on a majority-supported state. Because the legitimacy of the state under attack is rarely questioned, and the motivations for the resistance …

United States V. Leon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Strickland V. Washington, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Karo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Hudson V. Palmer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Welsh V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Press-Enterprise Co. V. Superior Court Of California, Riverside County, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

The Utility Of Recklessness, Willard D. Lorensen

West Virginia Law Review

No abstract provided.

Criminal Sanctions Under The Federal Mine Safety And Health Act Of 1977, Dennis M. Ryan, Ronald J. Schell

West Virginia Law Review

No abstract provided.

Biblical Atonement And Modern Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Emerging Financial Centers: Legal and Institutional Framework

Edited by Robert C. Effros

Washington, D.C.: International Monetary Fund, 1982. Pp. xvi, 1150. $35.00.

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The Foreign Corrupt Practices Act

By George C. Greanias and Duane Windsor

Lexington, Massachusetts: Heath and Co.,1982. Pp. ix, 187. $23.95.

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Foreign Commerce and the Antitrust Laws Vols. I-II.

By Wilbur L. Fugate

Boston and Toronto: Little, Brown and Company, 1982. Vol. I, pp. xxiv, 427; vol. II, pp. xxiv, 460. $100.00.

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The Fund Agreement in the Courts: Volume II.

By Joseph Gold

Washington, D.C.: International Monetary Fund, 1982. Pp.xii, 499. $17.50.

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International Capital …

Book Reviews, Stephan L. Honore, Dennis W. Arrow

Vanderbilt Journal of Transnational Law

Book Reviews

INTERNATIONAL ASPECTS OF CRIMINAL LAW: ENFORCING UNITED STATES LAW IN THE WORLD COMMUNITY

Edited by Richard B. Lillich

Charlottesville, Virginia: Michie, 1981. Pp. ix, 245.

Reviewed by Stephan L. Honore

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SHIPBROKING AND CHARTERING PRACTICE

By Lars Gorton, RolfIhre, and Arne Sandevarn

London: Lloyd's of London Press,1980. Pp. xiii, 204 (authorized adapted translation of the Swedish edition of Befraktning)

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Time CHARTERS

By Michael Wilford, Terence Coghlin, and Nicholas Healy, Jr

London: Lloyd's of London Press, 1978. Pp.1vii, 319, £28.

Reviewed by Dennis W. Arrow

The Metastasis Of Mail Fraud: The Continuing Story Of The Evolution Of A White-Collar Crime, John C. Coffee Jr.

Faculty Scholarship

Justice Cardozo observed that legal principles have a tendency to expand to the limits of their logic, and Judge Friendly has added the corollary that sometimes the expansionary momentum carries the principle even beyond those limits. So it has been with the recent growth in the federal mail fraud law, as courts have applied a standardized formula- known as the "intangible rights" doctrine- to a broad range of fact patterns having relatively little in common. The result has been both to extend the net of the federal criminal sanction over an extraordinarily vast terrain and to arm the federal prosecutor …

Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond

University of Miami Law Review

Social, economic and legal factors have contributed to the success of ticket scalpers. Recently enacted unfair trade practices laws now provide courts with the means to regulate scalping and to provide effective redress for aggrieved consumers

Florida V. Royer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.