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Articles 841 - 870 of 976

Full-Text Articles in Jurisprudence

Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter May 2000

Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter

Cardozo Law Review

No abstract provided.


Foreword: Is Justice Just Us?, Christopher Slobogin Apr 2000

Foreword: Is Justice Just Us?, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This is a review of JUSTICE, LIABILITY AND BLAME, by Paul Robinson and John Darley. The book is a summary of 18 studies which surveyed lay subjects about their attitudes toward various aspects of criminal law doctrine, including the act requirement for attempt, omission liability, accomplice liability, the felony-murder role, and the intoxication and insanity defenses. In virtually every study, the authors found that the subjects disagreed with the Model Penal Code's position, the common law's position, or both. The authors contend that results of surveys such as theirs should play a significant role in designing criminal doctrine, both because …


Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser Jan 2000

Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser

Scholarly Works

No abstract provided.


Rethinking The Penalty Phase, Kyron Huigens Jan 2000

Rethinking The Penalty Phase, Kyron Huigens

Articles

This article argues that the chaos of the US Supreme Court’s death penalty jurisprudence can be sorted with the use of a single point of clarification. That jurisprudence uses the term “culpability” – and similar terms, such as desert, responsibility, and blameworthiness – without regard to a critical ambiguity. We use “culpability” to refer to fault in wrongdoing, as reflected in “culpability elements” such as purpose or recklessness. We also use culpability to refer to eligibility for punishment, which is at issue in the defenses of insanity or minority. Death sentencing is structured around aggravating and mitigating factors, but aggravation …


Afterword And Response: What Digging Does And Does Not Do, Patricia D. White Jan 2000

Afterword And Response: What Digging Does And Does Not Do, Patricia D. White

Articles

No abstract provided.


When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan Dec 1999

When Balance And Fairness Collide: An Argument For Execution Impact Evidence In Capital Trials, Wayne A. Logan

University of Michigan Journal of Law Reform

A central precept of death penalty jurisprudence is that only the "death worthy" should be condemned, based on a "reasoned moral response" by the sentencing authority. Over the past decade, however, the Supreme Court has distanced itself from its painstaking efforts in the 1970s to calibrate death decision making in the name of fairness. Compelling proof of this shift is manifest in the Court's decisions to permit victim impact evidence in capital trials, and to allow jurors to be instructed that sympathy for capital defendants is not to influence capital decisions. This Article examines a novel strategy now being employed …


Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner Jan 1999

Too Much (Legislation) Is Never Enough: Utilizing A Court's Equity Power To Enjoin Lawful Firearm Sales, 32 J. Marshall L. Rev. 1225 (1999), Edward G. Renner

UIC Law Review

No abstract provided.


Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron Jan 1999

Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron

UIC Law Review

No abstract provided.


When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith Jan 1999

When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith

UIC Law Review

No abstract provided.


Airing The Dirty Laundry: The Application Of The United States Sentencing Guidelines To White Collar Money Laundering Offenses, Jonathan H. Hecht Jan 1999

Airing The Dirty Laundry: The Application Of The United States Sentencing Guidelines To White Collar Money Laundering Offenses, Jonathan H. Hecht

American University Law Review

No abstract provided.


Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White Jan 1999

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

Publications

No abstract provided.


Regulating The Market For Snitches , Ian Weinstein Jan 1999

Regulating The Market For Snitches , Ian Weinstein

Faculty Scholarship

These are boom times for the sellers and buyers of cooperation in the federal criminal justice system. While prosecutors have always welcomed the assistance of snitches, tougher federal sentencing laws have led to a significant increase in cooperation as more defendants try to provide "substantial assistance in the investigation or prosecution of another person," to have some chance of receiving a significant sentence reduction. In 1996 one of every five defendants sentenced in the federal courts won mitigation by providing substantial assistance. Many more defendants tried but failed to close the deal. The overheated cooperation market is creating serious problems …


The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh Jul 1998

The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh

Cardozo Law Review

No abstract provided.


After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman May 1998

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman

Cardozo Law Review

No abstract provided.


A Clash Of The Titans: Judicial Deference To Arbitration And The Public Policy Exception In The Context Of Sexual Harassment, Stephen Buehrer Jan 1998

A Clash Of The Titans: Judicial Deference To Arbitration And The Public Policy Exception In The Context Of Sexual Harassment, Stephen Buehrer

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sentenced For A Crime The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin Priester Jan 1998

Sentenced For A Crime The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin Priester

Journal Publications

The tension between the two principles set out above is an unresolved dilemma for the United States Supreme Court. On the one hand, not every fact relevant to sentencing a criminal defendant warrants the Constitution's full criminal procedure protections. On the other hand, if those protections apply only to the facts selected by the legislature to determine guilt or innocence, the sentencing proceeding may overwhelm the trial in importance because the sentencing facts will determine the defendant's fate to a far greater extent. Justice Scalia described this tension bluntly: Suppose that a State repealed all of the violent crimes in …


Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein Jan 1998

Substantial Assistance And Sentence Severity: Is There A Correlation Substantial Assistance, Ian Weinstein

Faculty Scholarship

How much more severe are sentences imposed in districts with low substantial assistance rates than those in which the rate is very high? In the aggregate, not at all. At first blush this may puzzle readers because substantial assistance (SA) departures are very unevenly distributed across districts and SA accounts for nearly two-thirds of all downward departures, almost 7,900 of the 12,000 in fiscal 1996. Although this pattern could result in gross disparities among districts, my analysis of inter-district sentencing patterns reveals no statistically significant correlation between the rate of SA departures and the average length of sentences imposed in …


The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet Dec 1997

The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet

Cardozo Law Review

No abstract provided.


Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola Apr 1997

Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola

Cardozo Journal of International and Comparative Law

The article critiques the American adversarial criminal trial system, arguing that its focus on procedure and individual rights often hinders the pursuit of truth. While the system is deeply rooted in American cultural values, such as distrust of government and a commitment to individual liberties, its emphasis on adversarial contest rather than truth-seeking leads to inefficiencies and public dissatisfaction. The author highlights the tension between the system's theoretical commitment to justice and its practical limitations, particularly as illustrated by high-profile cases like the O.J. Simpson trial.


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Feb 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …


Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold Jan 1997

Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold

UIC Law Review

No abstract provided.


Habeas Corpus And The New Federalism After The Anti-Terrorism And Effective Death Penalty Act Of 1996, 30 J. Marshall L. Rev. 337 (1997), Marshall J. Hartman, Jeanette Nyden Jan 1997

Habeas Corpus And The New Federalism After The Anti-Terrorism And Effective Death Penalty Act Of 1996, 30 J. Marshall L. Rev. 337 (1997), Marshall J. Hartman, Jeanette Nyden

UIC Law Review

No abstract provided.


This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal Jan 1997

This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal

UIC Law Review

No abstract provided.


Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell Jan 1997

Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell

UIC Law Review

No abstract provided.


Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker Jan 1997

Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker

UIC Law Review

No abstract provided.


Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr. Jan 1997

Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr.

UIC Law Review

No abstract provided.


Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen Jan 1997

Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen

UIC Law Review

No abstract provided.


Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene Jan 1997

Undead Laws: The Use Of Historically Unenforced Criminal Statutes In Non-Criminal Litigation, Hillary Greene

Faculty Articles and Papers

Long after criminal laws have lost their vigor in the context for which they were drafted, they may rise again elsewhere. The American legal system has yet to develop a coherent policy delineating when or if historically unenforced penal statutes can be invoked in non-penal contexts. This issue is particularly evident in cases where the relevant laws are caught between shifting moral sentiments. Fornication, for example, remains illegal in many states,' but it is rarely prosecuted. Should one of the participants in this criminal act contract a sexually transmitted disease and sue her partner in tort, however, these disused statutes …


Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996 Jan 1997

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.


Making Constitutional Doctrine In A Realist Age, Victoria Nourse Jan 1997

Making Constitutional Doctrine In A Realist Age, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In this article the author considers three examples of modern constitutional doctrine that show how judges have stolen bits and pieces from popularized skepticisms about the job of judging and have molded this stolen rhetoric into doctrine. In the first example, she asks whether constitutional law's recent penchant for doctrinal rules based on "clear law" could have existed without the modern age's obsession with legal uncertainty. In the second, the author considers whether our contemporary rhetoric of constitutional "interests" and "expectations" reflects modern critiques of doctrine as failing to address social needs. In the third, she asks how an offhand …