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Articles 1501 - 1530 of 1629

Full-Text Articles in Law and Society

Crimes And Defenses Of Rodion Raskolnikov, Vera Bergelson Jan 1997

Crimes And Defenses Of Rodion Raskolnikov, Vera Bergelson

Kentucky Law Journal

No abstract provided.


Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore Jan 1997

Doing Another's Bidding Under A Theory Of Defense Of Others: Shall We Protect The Unborn With Murder?, Shelby A. D. Moore

Kentucky Law Journal

No abstract provided.


Crime, Community Penalty And Integration With Legal Formalism In The South Pacific, Mark Findlay Jan 1997

Crime, Community Penalty And Integration With Legal Formalism In The South Pacific, Mark Findlay

Research Collection Yong Pung How School Of Law

The influence of introduced legality on prevailing culture, and vice versa, are common concerns for analysis when considering the existence and development of customary law. Much of the limited writing on law and custom prefers to speculate on the impact of introduced law on already present modes of regulation. While recognising these structuralist contexts of influence, often oversimplified as they are represented, this paper prefers to explore the adaptation of legal formalism in contexts of resilient and resonant custom.Further, the paper examines instances where despite the fact that custom has modified institutional legality, the latter claims predominance over culture or …


Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno Jan 1997

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.


Outlawing Outcasts: Comparative Perspectives On The Differing Functions Of The Criminal Law Of Slavery In The Americas, Robert J. Cottrol Nov 1996

Outlawing Outcasts: Comparative Perspectives On The Differing Functions Of The Criminal Law Of Slavery In The Americas, Robert J. Cottrol

Cardozo Law Review

This is a commentary on some issues raised by Anthony De V. Phillips's "Doubly Condemned": Adjustments to the Crime and Punishment Regime in the Late Slavery Period in the British Caribbean Colonies and Judith K. Schafer's "Under the Present Mode of Trial, Improper Verdicts are Very Often Given": Criminal Procedure Trials of Slaves in Antebellum Louisiana, both of which appear in this volume. Both discussions highlight the role of criminal law, procedure, and punishment in helping to sustain systems of African and Afro-American chattel slavery in New World societies. They provide interesting contrasts between civil and common law approaches to …


Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King Aug 1996

Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King

Michigan Law Review

This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis. Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …


The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker Jul 1996

The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker

Cardozo Journal of International and Comparative Law

The article explores the challenges of constructing a just and livable political society in the post-Cold War era, focusing on the tension between the global aspiration for liberal democracy and the resurgence of ethnic, religious, and moral claims. It examines how these competing forces shape political reconstruction and the search for a "good polity," emphasizing the need to learn from contemporary experiences and theoretical reflections.


Whose Justice? Which Victims?, Lynne Henderson May 1996

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials


Better Living Through Crime And Tort, Anita Bernstein Feb 1996

Better Living Through Crime And Tort, Anita Bernstein

Faculty Scholarship

No abstract provided.


Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri Jan 1996

Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri

Articles

No abstract provided.


The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff Jan 1996

The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski Jan 1996

Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski

Seattle University Law Review

Certainly, it is only by disregarding the "victim's rights" that one can begin to fathom the Washington Supreme Court's decision in State v. Jackson. This decision reversed the conviction of a man who raped his four-year-old niece on Christmas Eve in 1979, causing her to contract gonorrhea. Following his arraignment, Jackson fled and failed to appear at his trial. After attempts to locate Jackson failed, a trial was held in absentia' and he was found guilty of rape, with sentencing suspended pending his return to custody. Jackson evaded the law for nearly thirteen years.'0 Shortly after his eventual capture …


Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk Jan 1996

Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk

Law Faculty Articles and Essays

In recent years, defendants have proffered a multitude of novel theories of criminal defense in seeking to explain their criminal behavior in terms of internal and external influences beyond their control, including biological processes, chemical reactions, intra-psychic dynamics, social conditions, and cross cultural stresses. This Article focuses on one subset of this burgeoning class of defenses: those based upon the central premise that the defendant's criminal conduct was caused, or significantly influenced, by his exposure to social environmental factors or, if you will, toxins affecting his mental functioning. While a wide panoply of toxins exist within the fabric of our …


An Economic Analysis Of The Death Penalty, Martin Kasten Jan 1996

An Economic Analysis Of The Death Penalty, Martin Kasten

University Avenue Undergraduate Journal of Economics

From an economic perspective, society should only use capital punishment if the marginal benefits outweigh the marginal costs. In the course of analyzing the economic efficiency of capital punishment, and before providing any recommendations, both the benefits and costs of the death penalty must be evaluated. Since the death penalty has been implemented for centuries, many people believe its benefits outweigh its costs. The evaluation of benefits in Part II will be compared to the costs assessed in Part III to determine if this long held assertion is correct.


The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson Jan 1996

The Social Construction Of Identity In Criminal Cases: Cinema Verité And The Pedagogy Of Vincent Chin, Paula C. Johnson

Michigan Journal of Race and Law

This article will discuss the use of the film, Who Killed Vincent Chin?, as a method: (1) to analyze the relationship of social constructions of identity, particularly race, on the rules and discretionary application of criminal jurisprudence; (2) to provide an interactive pedagogical tool for law teachers, especially criminal law teachers, to examine the social contexts of criminal jurisprudence from multiple perspectives; and (3) to examine the ability of criminal law doctrine to address issues of race.


Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller Jan 1996

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Publications

No abstract provided.


The Color Of Money, Paul F. Campos Jan 1996

The Color Of Money, Paul F. Campos

Publications

No abstract provided.


She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren Sep 1995

She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren

Cardozo Law Review

This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …


Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill Jan 1995

Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill

St. Thomas Law Review

No abstract provided.


Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen Jan 1995

Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen

UIC Law Review

No abstract provided.


Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley Jan 1995

Post-Soviet Organized Crime And The Rule Of Law, 28 J. Marshall L. Rev. 827 (1995), Louise Shelley

UIC Law Review

No abstract provided.


Development Of The Democratic Institutions & (And) The Rule Of Law In The Former Soviet Union: A Round Table Discussion, 28 J. Marshall L. Rev. 865 (1995), Elena Bonner Jan 1995

Development Of The Democratic Institutions & (And) The Rule Of Law In The Former Soviet Union: A Round Table Discussion, 28 J. Marshall L. Rev. 865 (1995), Elena Bonner

UIC Law Review

No abstract provided.


Rico—Economic Motive Unnecessary For The Proof Of An Enterprise. National Organization Of Women, Inc. V. Scheidler, 114 S. Ct. 798 (1994)., Bryan W. Riley Jan 1995

Rico—Economic Motive Unnecessary For The Proof Of An Enterprise. National Organization Of Women, Inc. V. Scheidler, 114 S. Ct. 798 (1994)., Bryan W. Riley

University of Arkansas at Little Rock Law Review

No abstract provided.


The Next Step After Daubert: Developing A Similarly Epistemological Approach To Ensuring The Reliability Of Nonscientific Expert Testimony, Edward J. Imwinkelried Apr 1994

The Next Step After Daubert: Developing A Similarly Epistemological Approach To Ensuring The Reliability Of Nonscientific Expert Testimony, Edward J. Imwinkelried

Cardozo Law Review

On June 28, 1993, after much fanfare, the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. The decision was not only preceded by intense media attention; the decision was also immediately followed by a massive-and growing-volume of commentary. As is usually true with landmark decisions, it is imperative to identify what the Court decided and what the Court left unresolved.


Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila Jan 1994

Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila

Florida State University Law Review

No abstract provided.


Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley Jan 1994

Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley

St. Thomas Law Review

This comment will look at Chapter 94-135 of the laws of Florida and the statutes it altered as compared to the recommendations from The First Report of the Governor's Task Force on Domestic Violence5 as well as methods effectively being used by other states. It will show that Florida's new Act is a curious mixture of strength and weakness within the statutes, taking some new actions, yet not moving forward and sometimes even regressing in areas where decisive steps could have been taken, notably in such aspects as police intervention and reporting, pro-prosecution policies, and injunctions.


Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth Jan 1994

Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth

Scholarly Works

Day after day, across this country, ordinary people are summoned to court for a selection process that ultimately leaves them in a room deciding, with other jurors, whether a criminal defendant should be killed. The task handed to these jurors is an awesome, personal, moral decision, encased within the complex legal standards and procedures that constitute modern capital jurisprudence. The doctrine that created and sustains this moment of conscience reflects an ongoing struggle of rule against uncertainty, reason against emotion, justice against mercy, and thus, at one level, male against female. Capital jurisprudence -- the law for deciding whether to …


Of Suicide Machines, Euthanasia Legislation, And The Health Care Crisis, David R. Schanker Jul 1993

Of Suicide Machines, Euthanasia Legislation, And The Health Care Crisis, David R. Schanker

Indiana Law Journal

No abstract provided.


The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez May 1993

The Writing On Our Walls: Finding Solutions Through Distinguishing Graffiti Art From Graffiti Vandalism, Marisa A. Gómez

University of Michigan Journal of Law Reform

This Note argues that outlawing graffiti completely is not an effective solution. The only effective means of controlling graffiti is to develop laws and policies which accommodate graffiti art while discouraging graffiti vandalism and which attack the root causes of graffiti. Part I briefly outlines the origins of graffiti. Part II describes the different types of graffiti and the motivations of their respective creators. Part III analyzes the arguments for and against the legalization of certain types of graffiti and concludes that, because of the multitude of different types of graffiti, both graffiti proponents and opponents have meritorious arguments that …


Prostitution And Male Supremacy, Andrea Dworkin Jan 1993

Prostitution And Male Supremacy, Andrea Dworkin

Michigan Journal of Gender & Law

The assumptions of academia can barely begin to imagine the reality of life for women in prostitution. Academic life is premised on the notion that there is a tomorrow and a next day and a next day; or that someone can come inside from the cold for time to study; or that there is some kind of discourse of ideas and a year of freedom in which you can have disagreements that will not cost you your life. These are premises that those who are students here or who teach here act on every day. They are antithetical to the …