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Articles 811 - 826 of 826

Full-Text Articles in Rule of Law

The Department Of Justice Chases Mice While Lions Roam The Campsite: Why The Department Has Failed To Prosecute The Elite Frauds That Drove The Financial Crisis, William K. Black Jan 2012

The Department Of Justice Chases Mice While Lions Roam The Campsite: Why The Department Has Failed To Prosecute The Elite Frauds That Drove The Financial Crisis, William K. Black

Faculty Works

No abstract provided.


An Expectation Of Empathy, Steve Leben Jan 2011

An Expectation Of Empathy, Steve Leben

Faculty Works

No abstract provided.


Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black Jan 2011

Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black

Faculty Works

No abstract provided.


The Comparative Nature Of Punishment, Adam Kolber Dec 2009

The Comparative Nature Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.


Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald Apr 2008

Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald

Cardozo Journal of International and Comparative Law

The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.


Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat Jan 2008

Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat

Scholarship@WashULaw

Today it is widely recognized in both academic literature and the main-stream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality. By drawing on Carl Schmitt and …


Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser Jan 2008

Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser

Cardozo Law Review

No abstract provided.


Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies Apr 2006

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Juridical Structure Of Habitual Offender Laws And The Jurisprudence Of Authoritarian Social Control, Ahmed A. White Jan 2006

The Juridical Structure Of Habitual Offender Laws And The Jurisprudence Of Authoritarian Social Control, Ahmed A. White

Publications

No abstract provided.


Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White Jan 2001

Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White

Publications

No abstract provided.


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.


The Color Of Money, Paul F. Campos Jan 1996

The Color Of Money, Paul F. Campos

Publications

No abstract provided.


Judicial Conduct Jan 1993

Judicial Conduct

Touro Law Review

No abstract provided.


The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy Jun 1989

The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

In McNabb v. United States, the Supreme Court claimed- for the first time in its history-the prerogative of "establishing and maintaining civilized standards of procedure and evidence" in the exercise of "supervisory authority over the administration of criminal justice in the federal courts." Since then, the Court has used this self-declared oversight power on numerous occasions and for a wide variety of purposes, but it has never adequately explained either the provenance or the scope of this type of judicial authority. Lower federal courts have followed suit, on the largely unexamined assumption that they too are endowed with supervisory …


Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein Jan 1985

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.


Interstate Extradition And State Sovereignty, Eugene Cook May 1950

Interstate Extradition And State Sovereignty, Eugene Cook

Mercer Law Review

Since the first days of the Federal Union the problem of defining and delimiting the sovereignty of the states has occupied our courts, our Congress, and our legislatures, and, sadly, even at times our armies. The concept of dual sovereignty is an abstract one representing a compromise between the conflicting principles of local autonomy and national authority, and, like many another constitutional principle, it has occasionally been restated and rearranged to meet the demands of new and shifting governmental philosophies.