Social and Behavioral Sciences Commons^™

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Foreword: Addressing The Real World Of Racial Injustice In The Criminal Justice System, Donna Coker

Journal of Criminal Law and Criminology

No abstract provided.

Facilitating Fairness: The Judge's Role In The Sixth Amendment Right To Effective Counsel, John Capone

Journal of Criminal Law and Criminology

No abstract provided.

Hope V. Pelzer: Increasing The Accountability Of State Actors In Prison Systems - A Necessary Enterprise In Guaranteeing The Eight Amendment Rights Of Prison Inmates, Alison Chin

Journal of Criminal Law and Criminology

No abstract provided.

Harris V. United States: The Supreme Court's Latest Avoidance Of Providing Constitutional Protection To Sentencing Factors, Julie L. Hendrix

Journal of Criminal Law and Criminology

No abstract provided.

Unequal Justice: The Supreme Court's Failure To Curtail Selective Prosecution For The Death Penalty, Jessie Larson

Journal of Criminal Law and Criminology

No abstract provided.

United States V. Arvizu: Investigatory Stops And The Fourth Amendment, Jennifer Pelic

Journal of Criminal Law and Criminology

No abstract provided.

United States V. Drayton: The Need For Bright-Line Warnings During Consensual Bus Searches, Marissa Reich

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

Journal of Criminal Law and Criminology

No abstract provided.

The Relationship Between Public Perceptions Of Crime Seriousness And Support For Plea-Bargaining Practices In Israel: A Factorial Survey Approach, Sergio Herzog

Journal of Criminal Law and Criminology

No abstract provided.

Respect And The Fourth Amendment, Andrew E. Taslitz

Journal of Criminal Law and Criminology

No abstract provided.

It's Not Always About The Money: Why The State Identity Theft Laws Fail To Adequately Address Criminal Record Identity Theft, Michael W. Perl

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Patterns Of On-Campus Theft Victimization Among Undergraduate Students And Their Impact On Satisfaction At A Higher Education Institution, Giuseppe Michael Fazari

Seton Hall University Dissertations and Theses (ETDs)

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A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii

Scholarly Works

Postmodern thinking puts severe stress on the project of legal theory. The philosophical critique of grand narratives, coupled with the radically pragmatic return to localized practices, has rendered theorizing suspect. Theory appears to be a quaint vestige of previous "bad faith" refusals to accept the finitude of human existence. But the postmodern position is even more complex, because postmodern anti-theorists tend to employ perplexing jargon and wield sophisticated and obscure concepts in their work. The postmodern puzzle is whether one can challenge theory without theorizing. Is theory defined by its practical effects, or by its refusal to become complicit in …

Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii

Scholarly Works

This article appears as part of a Symposium on "Nietzsche and Legal Theory" published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory.

Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism. At …

A Comparative Review Of A College Education's Effect On Law Enforcement Officers Relating To Internal Affairs Complaints, Bill Griffin

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The purpose of this research is to determine if a relationship exists between higher education levels and misconduct allegations for Deputy Sheriffs. Official documentation from 128 internal affairs reports were collected from the Palm Beach County Sheriff's Office. Significant relationships were found to exist between higher education levels and the misconduct allegations. While some college exposure may be beneficial for job performance, a four-year degree may not yield the desired results.

Virtue Jurisprudence: A Virtue-Centered Theory Of Judging, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

"Virtue jurisprudence" is a normative and explanatory theory of law that utilizes the resources of virtue ethics to answer the central questions of legal theory. The main focus of the essay is the development of a virtue-centered theory of judging. The exposition of the theory begins with exploration of defects in judicial character such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis, or sound practical judgment. A virtue-centered account of justice is defended against the argument that theories of fairness are prior to theories of justice. The …

Implementation Failure Of Truancy Statutes In The Fourth Judicial Circuit Of Florida: A Case Study In Street-Level Bureaucracy, Carrie Lynn Tullos

UNF Graduate Theses and Dissertations

This research utilizes the case study method to examine the effectiveness of truancy statutes recently implemented in Florida's Fourth Judicial Circuit prior to the 1999-2000 school year. The statutes were implemented state wide, but this study concentrates on the Fourth Judicial Circuit. The Fourth Judicial Circuit in Northeast Florida consists of Duval, Clay, and Nassau Counties. The legislation examined requires individual schools to conduct an initial truancy intervention when a student has accumulated 5 unexcused absences in a calendar month or 10 unexcused absences in any 90-day period.

An exploratory case study was conducted that consisted of interviews with school …

Teapot Dome Oil Scandal, Eric S. Yellin

History Faculty Publications

In October 1929, Albert B. Fall, the former Secretary of the Interior under President Warren G. Harding, was convicted of accepting bribes in the leasing of U.S. Naval Oil Reserves in Elk Hills, California, and Teapot Dome, Wyoming.

Racial Profiling And Mandatory Data Collection In Nevada: How Will Law Enforcement Respond?, Gregory M. Roehm

UNLV Theses, Dissertations, Professional Papers, and Capstones

Selected Nevada law enforcement officers participated in the mandatory collection of traffic stop data in the calendar year 2002. The requirement was a temporary one-year study mandated by the 2001 Nevada Legislature. The primary objective of this paper is to provide insight into the behavioral response of law enforcement with respect to mandatory data collection. Data for this study was obtained from the use of a self-administered mail survey from law enforcement officers from five of the nine Nevada police agencies required to collect traffic stop data. Responses from 399 Nevada law enforcement officers surveyed (A response rate of 65 …

The Colorblind Lottery, Pauline Kim

Scholarship@WashULaw

Although the Supreme Court upheld Michigan Law School's admissions policies in Grutter, the multiple opinions in that case revealed the deep divisions that remain over the legitimacy of race-conscious policies and the meaning of equal protection. At the heart of this division lies disagreement over the concept of colorblindness. For Justices Scalia and Thomas, as well as the advocacy groups that backed the plaintiffs in Grutter and Gratz, colorblindness is an absolute imperative, prohibiting race-conscious decision-making in all but the most dire situations. This insistence on formal colorblindness has lead to the conclusion in several recent court cases that race-conscious …

The New Uniform Securities Act, Joel Seligman

Scholarship@WashULaw

In early August, the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) adopted the Uniform Securities Act (2002) at its annual meeting. At that time, there were two earlier versions of the Uniform Securities Act in force.

The Uniform Securities Act of 1956 (“1956 Act”) had been adopted at one time or another, in whole or in part, by 37 jurisdictions. The Revised Uniform Securities Act of 1985 (“RUSA”) had been adopted in only a few States. Both Acts have been preempted in part by the National Securities Markets Improvement Act of 1996 (“NSMIA”) and the Securities Litigation Uniform …

A Normative Analysis Of The Rights And Duties Of Law Professors To Speak Out, Robert R. Kuehn

Scholarship@WashULaw

As lawyers and members of a profession dedicated to equal justice under law and public service, many law professors have stepped out of the classroom and out of traditional academic scholarship to address perceived injustices in society through efforts such as pro bono litigation and legislative drafting. However, the amount of legally-related public service work by law professors is thought to be quite modest. This article analyzes the normative bases for the rights and duties of law professors to speak out on issues of public concern. It addresses laws that affect the right of a law professor to participate in …

An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy

Scholarship@WashULaw

Law school clinics play an important role in training future lawyers and in providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty are often confronted with ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework …

A Complete Research Guide To The Laws Of The People's Republic Of China (Prc), Wei Luo, Joan Liu

Scholarship@WashULaw

A guide to the legal systems and laws of the PRC (based on civil law) and of the Hong Kong (based on English common law) and Macao (based on Portuguese law) Special Administrative Regions. Taiwan, with its own legal system, is not included. The guide lists English and Chinese print and nonprint resources, arranged by topic, language, and format.

The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Faculty Publications

Why Theories Of Law Have Little Or Nothing To Do With Judicial Restraint, Philip E. Soper

Articles

The question I explore here, stated in its broadest form, is this: What is the connection between theory and practice between academic claims about how judges should decide cases and the actual behavior of judges as revealed in the opinions they write? More particularly, do theories about the nature of law have any implications for the question whether a judge should adopt an "activist" or a "restrained" approach to deciding cases? As you might infer from my title, I defend here what I call "the skeptical thesis" in answer to both the general and particular questions. Judges pay little or …