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Articles 15451 - 15480 of 27915

Full-Text Articles in Criminal Law

The First Amendment And "Virtual" Child Pornography, Michael B. Landau Jul 2002

The First Amendment And "Virtual" Child Pornography, Michael B. Landau

Faculty Publications By Year

No abstract provided.

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Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan Jul 2002

Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan

Scholarly Publications

This article discusses the Supreme Court's landmark 2001 decision Atwater v. City of Lago Vista, upholding the authority of police to execute warrantless arrests for menial offenses (there, failure to wear a seatbelt) so long as police have probable cause to support such arrests.

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The Ideal Victim, The Hysterical Complainant, And The Disclosure Of Confidential Records: The Implications Of The Charter For Sexual Assault Law, Lise Gotell Jul 2002

The Ideal Victim, The Hysterical Complainant, And The Disclosure Of Confidential Records: The Implications Of The Charter For Sexual Assault Law, Lise Gotell

Osgoode Hall Law Journal

This article explores the current state of Canadian law on the production and disclosure of complainants' records to reflect upon the implications of the Canadian Charter of Rights and Freedoms for Canadian sexual assault law and jurisprudence. Some scholars assert that the Supreme Court's decision in R. v. Mills, upholding section 278 of the Criminal Code governing access to complainants' records, constitutes an erosion of accuseds' rights and an unjustified compromise of constitutional standards. By contrast, this article demonstrates that R. v. Mills is a highly contradictory decision that can be read as creating an interpretation of section 278 that …

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Beware Of The Dog: Assaults In Prison And Cultures Of Secrecy, Mark Findlay Jul 2002

Beware Of The Dog: Assaults In Prison And Cultures Of Secrecy, Mark Findlay

Research Collection Yong Pung How School Of Law

In recent months I have been involved in a series of personal injury claims made by prisoners, against the State of NSW, arising out of incidents of inmate violence. The standard scenario occurs on a Sunday where the victim is stabbed with a shiv in a prison yard, barber-shop or gymnasium, out of sight from prison officers. Most victims have suffered a history of violence and intimidation in gaol, and the injuries forming the basis of the claims, are generally shocking. There are many reasons for inmate violence. A disturbing feature of such violence in NSW prisons today is its …

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Criminal Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Criminal Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

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Death As Deterrent Or Prosecutorial Tool? Examining The Impact Of Louisiana’S Child Rape Law, Angela Crews Jun 2002

Death As Deterrent Or Prosecutorial Tool? Examining The Impact Of Louisiana’S Child Rape Law, Angela Crews

Criminal Justice Faculty Research

This project measures the impact of a 1995 amendment to Louisiana’s aggravated rape statute that allows juries to consider imposing the death penalty for convicted child rapists. Preamendment populations of cases from two large parishes (counties) were compared to postamendment populations of cases. In addition, 40 individual case files were randomly selected and reviewed. Variables measuring certainty, severity, and swiftness of punishment were compared. The only significant change was the reduction of trials, which may be linked to an increased propensity for plea agreements, dismissals, and charge reductions. In general, offenders initially charged with aggravated rape of a child seemed …

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The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma Jun 2002

The Linguist On The Witness Stand: Forensic Linguistics In American Courts, Lawrence Solan, Peter Tiersma

Faculty Scholarship

No abstract provided.

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Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai Jun 2002

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …

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United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell Jun 2002

United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell

American University Law Review

No abstract provided.

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Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium (Reviewing Austin Sarat, When The State Kills: Capital Punishment And The American Condition (2001))., Wayne A. Logan May 2002

Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium (Reviewing Austin Sarat, When The State Kills: Capital Punishment And The American Condition (2001))., Wayne A. Logan

Scholarly Publications

This paper examines recent U.S. efforts to abolish capital punishment, using Austin Sarat's 2001 book "When the State Kills" as the centerpiece of its exploration. The book, rather than mounting a principled "frontal assault" on the death penalty, instead surveys the numerous ways in which capital punishment negatively affects American law, politics, and culture. The paper considers the broader historic significance of this tactical shift and reflects upon the consequences and prospects for its ultimate success.

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In Light Of Reason And Experience: Against A Crime Fraud Exception To The Psychotherapist-Patient Privilege, Catherine Thompson Dobrowitsky May 2002

In Light Of Reason And Experience: Against A Crime Fraud Exception To The Psychotherapist-Patient Privilege, Catherine Thompson Dobrowitsky

University of Michigan Journal of Law Reform

This Note argues against the adoption of a crime fraud exception to the federal psychotherapist-patient privilege. Part I argues that the restrictive legal elements of the privilege adequately exclude fraudulent or criminal statements from protection. Part II addresses the needed distinction between the dangerous patient exception and the crime fraud exception to the psychotherapist-patient privilege and concludes that the adoption of a crime fraud exception would threaten a limited dangerous patient exception. Part III contends that the policies underlying the attorney-client and psychotherapist-patient privileges must be distinguished and do not merit a shared crime fraud exception. This Note concludes that …

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Carnivore, The Fbi’S E-Mail Surveillance System: Devouring Criminals, Not Privacy, Griffin S. Dunham May 2002

Carnivore, The Fbi’S E-Mail Surveillance System: Devouring Criminals, Not Privacy, Griffin S. Dunham

Federal Communications Law Journal

On July 11, 2000, the FBI intorduced Carnivore, an Internet monitoring system. It was designed, and is used exclusively, to carry out court-ordered surveillance of electronic communications. It is a tangible, portable device, tantamount to a phone tap, that allows the FBI to intercept and collect criminal suspects' e-mail without their knowledge or consent. This Note addresses competing and parallel interests between the government and society to determine the legitimacy and necessity of Carnivore. The purpose of this Note is twofold: first, to demonstrate the need for Carnivore to enable law enforcement to keep up with criminals who utilize cyberspace …

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Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway May 2002

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway

Cardozo Law Review

No abstract provided.

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The Privileges And Immunities Of The International Criminal Court: Are They Sufficient For The Proper Functioning Of The Court Or Is There Still Room For Improvement, Stuart Beresford May 2002

The Privileges And Immunities Of The International Criminal Court: Are They Sufficient For The Proper Functioning Of The Court Or Is There Still Room For Improvement, Stuart Beresford

San Diego International Law Journal

[T]o determine whether the ICC has the privileges and immunities necessary to ensure the proper functioning of the organization, this Article will first discuss the historical development of privileges and immunities for international organizations, including the legal foundation of the privileges and immunities of the Court. It will then examine the privileges and immunities of the organization as a legal entity, before turning to the privileges and immunities accorded to the various categories of individuals who have to attend the institution in an official capacity. Lastly, because a number of other categories of individuals play an essential role in the …

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The Concept Of Equality In Civil Procedure, William B. Rubenstein May 2002

The Concept Of Equality In Civil Procedure, William B. Rubenstein

Cardozo Law Review

No abstract provided.

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Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium, Wayne A. Logan May 2002

Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium, Wayne A. Logan

Michigan Law Review

For opponents of capital punishment, these would appear promising times. Not since 1972, when the Supreme Court invalidated the death penalty as then administered, has there been such palpable concern over its use, reflected in the lowest levels of public opinion support evidenced in some time. This concern is mirrored in the American Bar Association's recently recommended moratorium on use of the death penalty, the consideration of or actual imposition of moratoria in several states, and even increasing doubts voiced by high-profile political conservatives. An array of troubling empirical realities has accompanied this shift: persistent evidence of racial bias in …

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Political Psychology In The Contemporary Political World, Ibpp Editor Apr 2002

Political Psychology In The Contemporary Political World, Ibpp Editor

International Bulletin of Political Psychology

This edition of IBPP explores several recent political events from the vantage point of political psychological perspectives and constructs.

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Closed Circuit Television For Inside Your Head: Blanket Traffic Data Retention And The Emergency Anti-Terrorism Legislation, Caspar Bowden Apr 2002

Closed Circuit Television For Inside Your Head: Blanket Traffic Data Retention And The Emergency Anti-Terrorism Legislation, Caspar Bowden

Duke Law & Technology Review

Caspar Bowden, Director of the Foundation for Information Policy Research (FIPR), explains the technical and legal context of unprecedented new surveillance capabilities, with particular reference to the UK's Regulation of Investigatory Powers (RIP) Act 2000. He discusses why these powers are unlikely to be effective in detecting or disrupting the communications of terrorist cells or organized crime, but present significant new threats to the security, privacy, and freedom of expression of the law-abiding.

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Constitutional And Criminal Law—Eighth Amendment—Now You Can't Do That: Disproportionate Prison Sentences As Cruel And Unusual Punishment. Henderson V. Norris, 258 F.3d 706 (8th Cir. 2001)., Ray S. Pierce Apr 2002

Constitutional And Criminal Law—Eighth Amendment—Now You Can't Do That: Disproportionate Prison Sentences As Cruel And Unusual Punishment. Henderson V. Norris, 258 F.3d 706 (8th Cir. 2001)., Ray S. Pierce

University of Arkansas at Little Rock Law Review

No abstract provided.

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Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman Apr 2002

Wife Murder In Chicago: 1910-1930, Cynthia Grant Bowman, Ben Altman

Cornell Law Faculty Publications

No abstract provided.

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U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Robert Stoll Apr 2002

U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Robert Stoll

Cardozo Journal of International and Comparative Law

The article emphasizes the critical role of effective intellectual property (IP) enforcement in fostering economic development, particularly in developing countries, and highlights the significant influence of U.S. industries and trade associations in shaping both domestic and international IP law and policy. It underscores the importance of collaboration between the private sector and government agencies like the U.S. Patent and Trademark Office (USPTO) in refining IP laws and addressing emerging challenges in areas such as biotechnology and digital innovation.

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Finding A Hostile Work Environment: The Search For A Reasonable Reasonableness Standard, Meri O. Triades Apr 2002

Finding A Hostile Work Environment: The Search For A Reasonable Reasonableness Standard, Meri O. Triades

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Homicide In Aretaic Terms, Kyron J. Huigens Apr 2002

Homicide In Aretaic Terms, Kyron J. Huigens

Articles

No abstract provided.

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The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell Mar 2002

The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell

Brigham Young University Education and Law Journal

No abstract provided.

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Zero Tolerance Or (In)Tolerance Policies? Weaponless School Violence, Due Process, And The Law Of Student Suspensions And Expulsions: An Examination Of Fuller V. Decatur Public School Board Of Education School District, Kevin P. Brady Mar 2002

Zero Tolerance Or (In)Tolerance Policies? Weaponless School Violence, Due Process, And The Law Of Student Suspensions And Expulsions: An Examination Of Fuller V. Decatur Public School Board Of Education School District, Kevin P. Brady

Brigham Young University Education and Law Journal

No abstract provided.

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Do Race/Ethnicity And Gender Influence Criminal Defendants' Satisfaction With Their Lawyers' Services? An Empirical Study Of Nevada Inmates, Robert J. Aalberts, Thomas E. Boyt, Lorne H. Seidman Mar 2002

Do Race/Ethnicity And Gender Influence Criminal Defendants' Satisfaction With Their Lawyers' Services? An Empirical Study Of Nevada Inmates, Robert J. Aalberts, Thomas E. Boyt, Lorne H. Seidman

Nevada Law Journal

No abstract provided.

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Amusing Monsters, Anthony Paul Farley Mar 2002

Amusing Monsters, Anthony Paul Farley

Cardozo Law Review

No abstract provided.

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Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis Mar 2002

Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis

Articles

This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …

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Law On The Rocks: The Intoxication Defenses Are Being Eighty-Sixed, Meghan P. Ingle Mar 2002

Law On The Rocks: The Intoxication Defenses Are Being Eighty-Sixed, Meghan P. Ingle

Vanderbilt Law Review

The ever-controversial voluntary intoxication defense faces possible elimination by statutory abrogation. Originally developed by nineteenth-century common law courts, the defense recognizes that an intoxicated defendant may be incapable of possessing the mens rea specified by an offense. Increasingly criticized in recent years, the defense received a substantial blow to its continued vitality in the 1996 Supreme Court decision Montana v. Egelhoff. In a sharply divided opinion," a plurality of the Court held that a defendant does not possess a constitutional right to present evidence of voluntary intoxication in his defense. The Egelhoff decision has caused much commentary, both positive and …

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Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder Feb 2002

Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.

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