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Articles 1 - 27 of 27
Full-Text Articles in Social and Behavioral Sciences
The European Court’S Political Power Across Time And Space, Karen Alter
The European Court’S Political Power Across Time And Space, Karen Alter
Faculty Working Papers
This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …
The Death Of The American Trial, Robert P. Burns
The Death Of The American Trial, Robert P. Burns
Faculty Working Papers
This short essay is a summary of my assessment of the meaning of the "vanishing trial" phenomenon. It addresses the obvious question: "So what?" It first briefly reviews the evidence of the trial's decline. It then sets out the steps necessary to understand the political and social signficance of our vastly reducing the trial's importance among our modes of social ordering. The essay serves as the Introduction to a book, The Death of the American Trial, soon to be published by the University of Chicago Press.
Consumer Harm Acts? An Economic Analysis Of Private Actions Under State Consumer Protection Acts, Henry N. Butler, Jason S. Johnston
Consumer Harm Acts? An Economic Analysis Of Private Actions Under State Consumer Protection Acts, Henry N. Butler, Jason S. Johnston
Faculty Working Papers
State Consumer Protection Acts (CPAs) were adopted in the 1960s and 1970s to protect consumers from unfair and deceptive practices that would not be redressed but for the existence of the acts. In this sense, CPAs were designed to fill existing gaps in market, legal and regulatory protections of consumers. CPAs were designed to solve two simple economic problems: 1) individual consumers often do not have the incentive or means to pursue individual claims against mass marketers who engage in unfair and deceptive practices; and, 2) because of the difficulty of establishing elements of either common law fraud or breach …
The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout
The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout
Faculty Working Papers
In this chapter, we examine the nature of conversations in citizen-police encounters in which police seek to conduct a search based on the citizen's consent. We argue that when police officers ask a person if they can search, citizens often feel enormous pressure to say yes. But judges routinely ignore these pressures, choosing instead to spotlight the politeness and restraint of the officers' language and demeanor. Courts often analyze the language of police encounters as if the conversation has an obvious, context-free meaning. The pragmatic features of language influence behavior, but courts routinely ignore or deny this fact. Instead, current …
Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock
Do Executions Lower Homicide Rates: The Views Of Leading Criminologists', Michael L. Radelet, Traci L. Lacock
Journal of Criminal Law and Criminology
No abstract provided.
What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet
What Can Rico Not Do: Rico And The Non-Economic Intrastate Enterprise That Perpetrates Only Non-Economic Racketeering Activity, Brian Nisbet
Journal of Criminal Law and Criminology
No abstract provided.
Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow
Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow
Journal of Criminal Law and Criminology
No abstract provided.
Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista
Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista
Journal of Criminal Law and Criminology
No abstract provided.
Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason
Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason
Journal of Criminal Law and Criminology
No abstract provided.
Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle
Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle
Journal of Criminal Law and Criminology
No abstract provided.
A Relational Sixth Amendment During Interrogation, Brooks Holland
A Relational Sixth Amendment During Interrogation, Brooks Holland
Journal of Criminal Law and Criminology
No abstract provided.
The Criminalization Of Poverty, Kaaryn Gustafson
The Criminalization Of Poverty, Kaaryn Gustafson
Journal of Criminal Law and Criminology
No abstract provided.
Duress And The Underlying Felony, Russell Shankland
Duress And The Underlying Felony, Russell Shankland
Journal of Criminal Law and Criminology
No abstract provided.
When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price
When Is A Police Officer An Officer Of The Law: The Status Of Police Officers In Schools, Peter Price
Journal of Criminal Law and Criminology
No abstract provided.
Aces And Eights: Why The Unlawful Internet Gambling Enforcement Act Resides In Dead Man's Land In Attempting To Further Curb Online Gambling And Why Expanded Criminalization If Preferable To Legalization, Jonathan Conon
Journal of Criminal Law and Criminology
No abstract provided.
The Cognitive Psychology Of Mens Rea, Kevin Jon Heller
The Cognitive Psychology Of Mens Rea, Kevin Jon Heller
Journal of Criminal Law and Criminology
No abstract provided.
Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo
Adolescent Transfer, Developmental Maturity, And Adjudicative Competence: An Ethical And Justice Policy Inquiry , Brian G. Sellers, Bruce A. Arrigo
Journal of Criminal Law and Criminology
No abstract provided.
Blue Sky Steroids, Geoffrey Rapp
Blue Sky Steroids, Geoffrey Rapp
Journal of Criminal Law and Criminology
No abstract provided.
The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen
The Manly Sports: The Problematic Use Of Criminal Law To Regulate Sports Violence, Jeffrey Standen
Journal of Criminal Law and Criminology
No abstract provided.
Legal Disparities In The Capital Of Capital Punishment, Scott Phillips
Legal Disparities In The Capital Of Capital Punishment, Scott Phillips
Journal of Criminal Law and Criminology
No abstract provided.
The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave
The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave
Journal of Criminal Law and Criminology
No abstract provided.
Deterrence In A Sea Of Just Deserts: Are Utilitarian Goals Achievable In A World Of Limiting Retributivism, Matthew Haist
Deterrence In A Sea Of Just Deserts: Are Utilitarian Goals Achievable In A World Of Limiting Retributivism, Matthew Haist
Journal of Criminal Law and Criminology
No abstract provided.
Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana
Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana
Journal of Criminal Law and Criminology
No abstract provided.
Strategery's Refuge, Christopher Seeds
Strategery's Refuge, Christopher Seeds
Journal of Criminal Law and Criminology
No abstract provided.
The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger
The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger
Journal of Criminal Law and Criminology
No abstract provided.
Desistance And The Feared Self: Toward An Identity Theory Of Criminal Desistance, Ray Paternoster, Shawn Bushway
Desistance And The Feared Self: Toward An Identity Theory Of Criminal Desistance, Ray Paternoster, Shawn Bushway
Journal of Criminal Law and Criminology
No abstract provided.