Social and Behavioral Sciences Commons^™

Habeas Corpus--Fifth Amendment--The Supreme Court's Cost-Benefit Analysis Of Federal Habeas Review Of Alleged Miranda Violations, Anthony P. Bigornia

Journal of Criminal Law and Criminology

No abstract provided.

Habeas Corpus--Limited Review For Actual Innocence, Jennifer Breuer

Journal of Criminal Law and Criminology

No abstract provided.

Exemption 7(D) Of The Freedom Of Information Act--The Evidentiary Showing The Government Must Make To Establish That A Source Is Confidential, Matthew J. Salzman

Journal of Criminal Law and Criminology

No abstract provided.

Plain Error Rule--Clarifying Plain Error Analysis Under Rule 52(B) Of The Federal Rules Of Criminal Procedure, Jeffrey L. Lowry

Journal of Criminal Law and Criminology

No abstract provided.

Expertise And The Daubert Decision, Ronald J. Allen

Journal of Criminal Law and Criminology

No abstract provided.

Brecht V. Abrahamson: Harmful Error In Habeas Corpus Law, James S. Liebman, Randy Hertz

Journal of Criminal Law and Criminology

No abstract provided.

The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts

Journal of Criminal Law and Criminology

No abstract provided.

The Role Of Gender In A Structured Sentencing System: Equal Treatment, Policy Choices, And The Sentencing Of Female Offenders Under The United States Sentencing Guidelines, Ilene H. Nagel, Barry L. Johnson

Journal of Criminal Law and Criminology

No abstract provided.

Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno

Journal of Criminal Law and Criminology

No abstract provided.

A Critical View From The Inside: An Application Of Critical Legal Studies To Criminal Law, Katheryn K. Russell

Journal of Criminal Law and Criminology

No abstract provided.

The Influence Of The Garner Decision On Police Use Of Deadly Force, Abraham N. Tennenbaum

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Mistake Of Fact In The Objective Theory Of Justification: Do Two Rights Make Two Wrongs Make Two Rights, Russell L. Christopher

Journal of Criminal Law and Criminology

No abstract provided.

England Limits The Right To Silence And Moves Towards An Inquisitorial System Of Justice, Gregory W. O'Reilly

Journal of Criminal Law and Criminology

No abstract provided.

Is Gender Subordinate To Class--An Empirical Assessment Of Colvin And Pauly's Structural Marxist Theory Of Delinquency, Sally S. Simpson, Lori Elis

Journal of Criminal Law and Criminology

No abstract provided.

Clearing The Smoke From The Battlefield: Understanding Congressional Intent Regarding The Innocent Owner Provision Of 21 U.S.C. 881(A)(7), Robert E. Blacher

Journal of Criminal Law and Criminology

No abstract provided.

Capital Confusion: The Effect Of Jury Instructions On The Decision To Impose Death, Susie Cho

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

...And Contractual Consent, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In Part I, the author contends that when economists persistently ignore the importance of contractual consent, they are missing the crucial problem of legitimacy. In Parts II and IV, he responds to the criticisms of his consent theory of contract advanced by Jay Feinman and Dennis Patterson. Both Feinman and Patterson object to the enterprise in which the author and others are engaging, and he explains why each is wrong to dismiss the current debate over default rules. Finally, in contrast, in Part III the author shows how Steven Burton's theory of default rules, which he finds most congenial, is …

28 U.S.C. § 1658: A Limitation Period With Real Limitations, Kimberly Jade Norwood

Scholarship@WashULaw

Several centuries from now, when archaeologists have unearthed a copy of the Federal Reporter and turned it over to legal historians for study and analysis, our descendants will be puzzled to discover that a society in which judicial resources were such a scarce "commodity" expended so much of that "commodity" searching its state codes for "analogous" limitation periods. I doubt very much that, at least in this regard, our priorities will command much admiration.

Fixing the statute of limitation for a particular cause of action is a legislative function. Indeed, it is not a particularly difficult or complex legislative function. …

Self-Overcoming In Foucault's Discipline And Punish, Ladelle Mcwhorter

Philosophy Faculty Publications

Prisons are veritable universities of crime. Within them young offenders learn both the values and the techniques of hardened criminals. In addition to these lessons in professional ethics and theory, aspiring criminals also get hands-on experience within prison walls, for prisons are also centers of criminal activity: drug and arms trafficking, rape, gang warfare, and murder. And, like all good universities, prisons help their proteges make the contacts they need to further their budding careers.

The Organized Crime Neighborhoods Of Chicago, Robert M. Lombardo

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Paranoid Style In Contemporary Legal Scholarship, Francis J. Mootz Iii

Scholarly Works

This paper criticizes Pierre Schlag's postmodern legal theory by arguing that his idealized critic exhibits the style of functioning that we commonly would attribute to a paranoid individual. The paper concludes that a dialogical model of postmodern thought inspired by Hans-Georg Gadamer's philosophical hermeneutics provides a more helpful basis for contemporary legal theory.

The Place Of Religious Argument In A Free And Democratic Society, Robert Audi

San Diego Law Review

This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …

Religious Contributions In Public Deliberation, Jeremy Waldron

San Diego Law Review

This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we can …

Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry

San Diego Law Review

This is an Article written by the author of the book Love and Power: The Role of Religion and Morality in American Politics. In this Article, he returns to an inquiry already addressed in Love and Power. He asks the question: should Americans accept an ideal of political choice according to which a citizen ought not make a controversial political choice if the choice cannot be defended without relying on a religious belief that at least some opponents of the choice reject? The author responds with a resounding no, arguing that we should not accept such a political ideal. He …

Constructing An Ideal Of Public Reason, Lawrence B. Solum

San Diego Law Review

In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.

Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild

San Diego Law Review

This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.