Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (7842)
- Legal Studies (7214)
- Criminal Procedure (7133)
- Criminology and Criminal Justice (7090)
- Sociology (7049)
-
- Criminology (6865)
- Constitutional Law (4174)
- Courts (2543)
- International Law (2244)
- Human Rights Law (1952)
- Comparative and Foreign Law (1799)
- Law and Society (1628)
- Law Enforcement and Corrections (1609)
- Administrative Law (1578)
- Evidence (1444)
- Civil Law (1432)
- Civil Rights and Discrimination (1429)
- State and Local Government Law (1343)
- Legislation (1137)
- Business Organizations Law (1107)
- Internet Law (1082)
- Law and Gender (1082)
- Natural Resources Law (1069)
- Rule of Law (1069)
- Legal Education (1032)
- Conflict of Laws (985)
- International Trade Law (979)
- Jurisprudence (972)
- Institution
-
- Northwestern Pritzker School of Law (6832)
- Universitas Indonesia (1198)
- University of Michigan Law School (1134)
- Yeshiva University, Cardozo School of Law (862)
- Washington and Lee University School of Law (669)
-
- American University Washington College of Law (658)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (507)
- Maurer School of Law: Indiana University (493)
- Vanderbilt University Law School (464)
- Seattle University School of Law (453)
- Fordham Law School (411)
- Touro University Jacob D. Fuchsberg Law Center (384)
- University of Georgia School of Law (356)
- Columbia Law School (354)
- Case Western Reserve University School of Law (350)
- University of Kentucky (347)
- William & Mary Law School (345)
- University at Buffalo School of Law (342)
- University of Richmond (337)
- Illinois State University (335)
- UIC School of Law (325)
- West Virginia University (301)
- Villanova University Charles Widger School of Law (294)
- Cleveland State University (286)
- Brooklyn Law School (284)
- Schulich School of Law, Dalhousie University (268)
- Pace University (264)
- Southwestern Oklahoma State University (263)
- Roger Williams University (236)
- BLR (223)
- Keyword
-
- Criminal law (1605)
- Criminal Law (769)
- Criminal justice (740)
- Crime (576)
- Criminal Law and Procedure (539)
-
- Death penalty (493)
- Sentencing (476)
- Evidence (465)
- Criminal procedure (461)
- Justice (430)
- Capital punishment (385)
- Punishment (369)
- Criminology (337)
- Constitutional Law (308)
- Corrections (308)
- Law (290)
- Criminal (269)
- Qc (263)
- Qualitative criminology (263)
- Due process (251)
- Police (241)
- Crimes (240)
- Fourth Amendment (240)
- Supreme Court (237)
- Criminal Procedure (211)
- Constitutional law (196)
- Race (193)
- Rape (193)
- Sixth Amendment (187)
- Eighth Amendment (177)
- Publication Year
- Publication
-
- Journal of Criminal Law and Criminology (6672)
- Faculty Scholarship (1298)
- Jurnal Hukum & Pembangunan (849)
- Michigan Law Review (636)
- Faculty Publications (396)
-
- Seattle University Law Review (340)
- Articles (337)
- Cardozo Law Review (330)
- Nevada Supreme Court Summaries (320)
- Scholarly Works (295)
- Touro Law Review (294)
- West Virginia Law Review (288)
- Kentucky Law Journal (263)
- Qualitative Criminology (QC) (263)
- War Crimes Memoranda (258)
- UIC Law Review (254)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (253)
- Indiana Law Journal (241)
- Vanderbilt Law Review (235)
- Buffalo Law Review (228)
- Washington and Lee Law Review (227)
- Villanova Law Review (1956 - ) (225)
- Articles by Maurer Faculty (211)
- University of Richmond Law Review (210)
- Cleveland State Law Review (204)
- Georgetown Law Faculty Publications and Other Works (203)
- Scholarly Articles in Law Reviews & Journals (202)
- Scholarly Articles (200)
- ExpressO (198)
- All Faculty Scholarship (183)
- Publication Type
- File Type
Articles 11431 - 11460 of 27741
Full-Text Articles in Criminal Law
Criminalizing Statements Of Terrorist Intent: How To Understand The Law Governing Terrorist Threats, And Why It Should Be Used Instead Of Long-Term Preventive Detention, Alec Walen
Journal of Criminal Law and Criminology
No abstract provided.
Mental Disorder And Criminal Law, Stephen J. Morse
Mental Disorder And Criminal Law, Stephen J. Morse
Journal of Criminal Law and Criminology
No abstract provided.
Policing The Ratings Agencies: The Case For Stronger Criminal Disincentives In The Credit Rating Market, David A. Maas
Policing The Ratings Agencies: The Case For Stronger Criminal Disincentives In The Credit Rating Market, David A. Maas
Journal of Criminal Law and Criminology
No abstract provided.
“Confronting” Foreign Intelligence: Crawford Roadblocks To Domestic Terrorism Trials, John Scott
“Confronting” Foreign Intelligence: Crawford Roadblocks To Domestic Terrorism Trials, John Scott
Journal of Criminal Law and Criminology
No abstract provided.
“No” Still Means “Yes”: The Failure Of The “Non-Consent” Reform Movement In American Rape And Sexual Assault Law, John F. Decker, Peter G. Baroni
“No” Still Means “Yes”: The Failure Of The “Non-Consent” Reform Movement In American Rape And Sexual Assault Law, John F. Decker, Peter G. Baroni
Journal of Criminal Law and Criminology
No abstract provided.
Redistributive Policing, Nirej S. Sekhon
Redistributive Policing, Nirej S. Sekhon
Journal of Criminal Law and Criminology
No abstract provided.
Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer
Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer
Journal of Criminal Law and Criminology
No abstract provided.
Representing Noncitizens In Criminal Proceedings: Resolving Unanswered Questions In Padilla V. Kentucky, Kara B. Murphy
Representing Noncitizens In Criminal Proceedings: Resolving Unanswered Questions In Padilla V. Kentucky, Kara B. Murphy
Journal of Criminal Law and Criminology
No abstract provided.
Ten Angry Men: Unanimous Jury Verdicts In Criminal Trials And Incorporation After Mcdonald, Kate Riordan
Ten Angry Men: Unanimous Jury Verdicts In Criminal Trials And Incorporation After Mcdonald, Kate Riordan
Journal of Criminal Law and Criminology
No abstract provided.
Bark With No Bite: How The Inevitable Discovery Rule Is Undermining The Supreme Court’S Decision In Arizona V. Gant, Scott R. Grubman
Bark With No Bite: How The Inevitable Discovery Rule Is Undermining The Supreme Court’S Decision In Arizona V. Gant, Scott R. Grubman
Journal of Criminal Law and Criminology
No abstract provided.
Consent Is Not A Defense To Battery: A Reply To Professor Bergelson, Luis E. Chiesa
Consent Is Not A Defense To Battery: A Reply To Professor Bergelson, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
Professor Vera Bergelson expressed puzzlement over the fact that those who feel "trapped in the wrong body" can "consent to a sex change operation, which often involves the removal of healthy sexual organs," whereas those who would feel happier being amputees "cannot consent to amputation of an arm or a leg.” Bergelson is equally puzzled by the fact that a spouse may physically injure her partner pursuant to practices of religious flagellation, but she may not cause similar injuries pursuant to sadomasochistic sexual practices. The purpose of this brief essay is to explain why I believe that the aforementioned cases …
Courts' Increasing Consideration Of Behavioral Genetics Evidence In Criminal Cases: Results Of A Longitudinal Study, Deborah W. Denno
Courts' Increasing Consideration Of Behavioral Genetics Evidence In Criminal Cases: Results Of A Longitudinal Study, Deborah W. Denno
Faculty Scholarship
This article, which is part of a symposium honoring David Baldus, presents a unique study of all criminal cases (totaling thirty-three) that addressed behavioral genetics evidence from June 1, 2007, to July 1, 2011. The study builds upon this author’s prior research on all criminal cases (totaling forty-eight) that used such evidence during the preceding thirteen years (1994-2007). This combined collection of eighty-one criminal cases employing behavioral genetics evidence offers a rich context for determining how the criminal justice system has been handling genetics factors for nearly two decades, but also why the last four years reveal particularly important discoveries. …
Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins
Flip That Prosecution Strategy: An Argument For Using Rico To Prosecute Large-Scale Mortgage Fraud, Shayna A. Hutchins
Buffalo Law Review
No abstract provided.
Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper
Hyper-Incarceration As A Multidimensional Attack: Replying To Angela Harris Through The Wire, Frank Rudy Cooper
Scholarly Works
In this article, Professor Frank Rudy Cooper responds to a symposium article by Angela Harris, arguing "mass incarceration" should be understood as "hyper-incarceration" because it is targeted based on multiple dimensions of identities. He extends Harris's analysis of the multidimensionality of identities by means of a case study of how class operates during the drug war era, as depicted in the critically acclaimed HBO drama The Wire.
Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum
Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum
Scholarly Works
Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment’s Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court’s immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional …
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
Death Is Not So Different After All: Graham V. Florida And The Court's "Kids Are Different" Eighth Amendment Jurisprudence, Mary E. Berkheiser
Scholarly Works
In Graham v. Florida, the United States Supreme Court declared that life sentences without the possibility of parole for non-homicides are off limits for all juveniles. Following its lead in Roper v. Simmons, the landmark decision in which the Court abolished the juvenile death penalty, the Court expanded on its Eighth Amendment juvenile jurisprudence by ruling that locking up juveniles for life based on crimes other than homicides is cruel and unusual and, therefore, prohibited by the Eighth Amendment. With that ruling, the Court erected a categorical bar to incarcerating forever those not yet adults at the time …
Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed
Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed
Faculty Scholarship
This paper examines the involvement of feminists in approaches to sex work in the context of HIV/AIDS. The paper focuses on two moments where feminist disagreement produced results in favor of an "anti-trafficking" approach to addressing the vulnerability of sex workers in the context of HIV. The first is the UNAIDS Guidance Note on Sex Work and the second is the "anti-prostitution pledge" found in the Presidents Emergency Plan for AIDS Relief. This article also examines the anti-sex work position articulated by abolitionist feminists and demonstrates the unintended consequences of the abolitionist position on women's health. By examining the actual …
State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens
State Constitutionalism: State-Court Deference Or Dissonance?, Arthur Leavens
Faculty Scholarship
This Article focuses on the debate concerning state constitutional expansion of criminal-procedure protections. It examines two such rights: (1) the protection against unreasonable searches and seizures; and (2) the right to the assistance of counsel in defending a criminal case. Each of these rights is embodied in both the federal and most, if not all, state constitutions. Each right is thus doubly applicable to the states, first, through the federal version by virtue of its incorporation into the Fourteenth Amendment’s due process protection and, second, through the state constitution’s version of the cognate right. So focused, the question is, what …
Child Pornography And Community Notification: How An Attempt To Reduce Crime Can Achieve The Opposite, J. J. Prescott
Child Pornography And Community Notification: How An Attempt To Reduce Crime Can Achieve The Opposite, J. J. Prescott
Articles
Community notification laws, designed to reduce the frequency of sex offenses by alerting potential victims to nearby threats and by encouraging citizen monitoring of potential recidivists, may make sense in the context of traditional sex offenses and sex offenders. But child pornography crimes and the individuals who commit them are different, and they differ from archetypal sex crimes and criminals in ways that may unintentionally cause community notification laws to facilitate crime rather than inhibit it. Child porn offenses typically involve money or trade, and their commission hinges on successfully conspiring with others. Markets and information are necessary building blocks …
How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss
Richmond Public Interest Law Review
Battered women often face an uphill battle in the legal system. In the 2011 session, the Virginia General Assembly added a new tool to these women's arsenal.o An amended version of House Bill 2063 sponsored by Delegate Rob Bell (R- Albemarle) passed the House and Senate unanimously on February 26, 2011. This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love's death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of …
Informal Law-Making In England By The Twelve Judges In The Late 18th And Early 19th Centuries, James Oldham
Informal Law-Making In England By The Twelve Judges In The Late 18th And Early 19th Centuries, James Oldham
Georgetown Law Faculty Publications and Other Works
In 1848, Parliament created the Court for Crown Cases Reserved, in which all of the common law judges heard and decided questions reserved by trial judges in criminal cases. As Sir John Baker explains, this was “a court of record, which would now sit in public and give reasons for its decisions,” even though “the reservation of cases was still at the discretion of the trial judge and the court did not have the powers of the court en banc in civil cases.” The Court for Crown Cases Reserved formalized an off-the-record procedure that had been followed for centuries. When …
Williams V. Illinois And The Confrontation Clause: Does Testimony By A Surrogate Witness Violate The Confrontation Clause?, Paul F. Rothstein, Ronald J. Coleman
Williams V. Illinois And The Confrontation Clause: Does Testimony By A Surrogate Witness Violate The Confrontation Clause?, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
This article comprises a four-part debate between Paul Rothstein, Professor of Law at Georgetown Law Center, and Ronald J. Coleman, who works in the litigation practice group at Cleary Gottlieb Steen & Hamilton LLP, on Williams v. Illinois, a Supreme Court case that involves the Confrontation Clause, which entitles a criminal defendant to confront an accusing witness in court. The issue at hand is whether said clause is infringed when a report not introduced into evidence at trial is used by an expert to testify about the results of testing that has been conducted by a non-testifying third party. …
The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes
The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes
LLM Theses
Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …
Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau
Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau
LLM Theses
The concept of dangerousness in Canadian and French criminal law is a central component in the development of prophylactic measures, such as section 810.1 and 810.2 of the 'Criminal Code' and similar French provisions. The imposition of preventive measures to control the risk of future behaviour of potentially dangerous individuals relies on inexact science to determine and assess dangerousness. In the last decades, several risk assessment tools have been developed, notably some in Canada, but their reliability in predicting dangerousness varies. The objectivity and reliability of a determination of dangerousness can be affected not only by the type of risk …
People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi
People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi
NYLS Law Review
No abstract provided.
Home Is Where The Crime Is, Bennett Capers
Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel
Capital Punishment, Psychiatrists And The Potential Bottleneck Of Competence , Jacob M. Appel
Journal of Law and Health
The purpose of this paper is to merge two largely separate bodies of writing on the subject of psychiatric participation in capital punishment. Much has already been written from the perspective of legal academics regarding the rights of prisoners to be free from unwanted medical care if the purpose of providing such care is to render them fit for execution. Medical ethicists have also written much on the degree to which physicians, and specifically psychiatrists, may participate in facilitating the death penalty before they become so complicit as to violate accepted standards of professional ethics. Surprisingly, these two fields of …
Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball
Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball
Journal of Law and Health
This note explains the severity of medical identity theft and the state and federal legislative reactions to the problem. Specifically, the note discusses data breach notification statutes that require healthcare providers to notify consumers when the systems holding customer personal information are breached. The note concludes that Ohio’s data breach notification statute, which does not expressly cover healthcare providers, should be amended to protect residents from medical identity theft and provide redress when healthcare providers violate state law.
Illinois Abolishes The Death Penalty, Christina Mcmahon
Illinois Abolishes The Death Penalty, Christina Mcmahon
Public Interest Law Reporter
No abstract provided.
Working With A Blank Check: The Cost Of Defense Or The Death Penalty Industry?, Coleen Thomas
Working With A Blank Check: The Cost Of Defense Or The Death Penalty Industry?, Coleen Thomas
Public Interest Law Reporter
No abstract provided.