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Articles 631 - 660 of 692

Full-Text Articles in Legislation

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber Apr 1995

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber

Cardozo Law Review

The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …


Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?, Susan E. Bernstein Oct 1993

Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?, Susan E. Bernstein

Cardozo Law Review

Nearly thirty percent of all women murdered in America are killed by their husbands or boyfriends, and as many as ninety percent of them have been stalked.


Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel Jan 1993

Symposium On Securities Law Enforcement Priorities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis Jan 1993

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.


The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner Jan 1993

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.


The Role Of The Legislature In Guidelines Sentencing In The "Other Washington", David Boerner Jan 1993

The Role Of The Legislature In Guidelines Sentencing In The "Other Washington", David Boerner

Faculty Articles

Washington's legislature crafted a sentencing system which structures but does not eliminate discretionary decisions affecting sentences. Washington has a Sentencing Guidelines Commission which functions as an agent of the legislature and not as an independent actor. Data collected by the Sentencing Guidelines Commission since 1985 demonstrate the effectiveness of Washington's sentencing guidelines in translating the legislature's sentencing policy judgments into reality. The legislature's role in formulating and refining sentencing policies is examined in detail, as well as Washington's Sentencing Reform Act of 1981 and its effect on sentencing.


Voice And Text In Constitutionalism, Ferenc Feher Jan 1993

Voice And Text In Constitutionalism, Ferenc Feher

Cardozo Law Review

No abstract provided.


Problems In Imposing Extended-Term Sentences Under Section 5-5-3.2(B)(2) Of The Unified Code Of Corrections, 25 J. Marshall L. Rev. 491 (1992), Iain D. Johnston Jan 1992

Problems In Imposing Extended-Term Sentences Under Section 5-5-3.2(B)(2) Of The Unified Code Of Corrections, 25 J. Marshall L. Rev. 491 (1992), Iain D. Johnston

UIC Law Review

No abstract provided.


1992 Criminal Law Legislative Update, H. Patrick Furman Jan 1992

1992 Criminal Law Legislative Update, H. Patrick Furman

Publications

No abstract provided.


The Victims' Bill Of Rights: Where Did It Come From And How Much Did It Do?, J. Clark Kelso, Brigitte A. Bass Jan 1992

The Victims' Bill Of Rights: Where Did It Come From And How Much Did It Do?, J. Clark Kelso, Brigitte A. Bass

McGeorge School of Law Scholarly Articles

No abstract provided.


Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass Jan 1992

Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass

McGeorge School of Law Scholarly Articles

No abstract provided.


Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern Jun 1991

Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern

Cardozo Law Review

No abstract provided.


Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward Apr 1989

Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward

Indiana Law Journal

No abstract provided.


The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell Jan 1988

The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell

UIC Law Review

No abstract provided.


The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann Jan 1988

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa Apr 1987

Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum Apr 1987

As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum

Cardozo Law Review

No abstract provided.


Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George Jan 1987

Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George

West Virginia Law Review

No abstract provided.


It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni Jan 1987

It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni

Faculty Works

No abstract provided.


Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler Dec 1986

Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Michigan Law Review

This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.

The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …


18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank Aug 1986

18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank

Michigan Law Review

Part I thus argues that the admissibility of post-sixth-hour confessions is governed by Mallory, under which a voluntary confession is inadmissible if, but only if, it follows a period of unnecessary delay. Part II addresses a possible objection to this conclusion - namely, that, with limited exceptions, subsection 350l(c) renders all post-sixth hour confessions inadmissible without regard to the reasonableness of the prearraignment delay. This interpretation is derived by negative implication from the proviso in subsection 350l(c) and would require courts to suppress confessions even though there has been no unnecessary delay, and even though the confessions would be …


The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow Apr 1985

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.


Confessions, Susan E. Morton Jan 1984

Confessions, Susan E. Morton

West Virginia Law Review

No abstract provided.


Criminal Procedure, Linda Rae Artimez Jan 1984

Criminal Procedure, Linda Rae Artimez

West Virginia Law Review

No abstract provided.


Juries, Susan E. Morton Jan 1984

Juries, Susan E. Morton

West Virginia Law Review

No abstract provided.


Jury Instructions, John M. Purcell Apr 1983

Jury Instructions, John M. Purcell

West Virginia Law Review

No abstract provided.


Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii Jan 1983

Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii

Michigan Journal of International Law

The American approach to the political offense exception to extradition is under increasing attack. Unfavorable commentary, sparked in part by the recent decision In re McMullen, has noted the confusion present in the operation of the exception. This article will trace some of the difficulties to the uncertain procedural burdens of raising and proving the exception in the judicial hearing. The current practice should be reformed to ameliorate the confusion. To this end, the United States Congress or Supreme Court must intervene to unify the procedural approaches taken by U.S. magistrates with respect to raising and proving the political …


The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel Jan 1982

The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel

UIC Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1981 Jan 1982

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.


Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing Jan 1982

Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing

Articles

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …