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Articles 901 - 930 of 945

Full-Text Articles in Legal Studies

Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan Jan 1979

Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan

Articles by Maurer Faculty

In this paper we examine the sanctioning of one type of political deviance, draft resistance, in two different social and political contexts: an era of coercive control and a period of cooptive control. A focus on the sanctioning of draft resisters allows a unique opportunity to examine the societal response to what the New Criminologists (Taylor et al., 1973:267) describe as the "purposive creator and innovator of action" whose crimes are the product of ". . . individual or collective action taken to Resolve... inequalities of power and interest." Our data cover a fourteen year period and consist of information …


Law As Rule And Principle By Theodore M. Benditt, D. M. Patterson Jan 1979

Law As Rule And Principle By Theodore M. Benditt, D. M. Patterson

Buffalo Law Review

No abstract provided.


Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth Apr 1978

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth

Buffalo Law Review

No abstract provided.


The Ages Of American Law. By Grant Gilmore, Morton J. Horwitz Dec 1977

The Ages Of American Law. By Grant Gilmore, Morton J. Horwitz

Buffalo Law Review

No abstract provided.


Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert Sep 1977

Justiciability And Theories Of Judicial Review: A Remote Relationship, Lee A. Albert

Journal Articles

No abstract provided.


From Lovercamp To A Prisoner's Right To Escape: An Inescapable Conclusion?, Rodney L. Schermer Apr 1977

From Lovercamp To A Prisoner's Right To Escape: An Inescapable Conclusion?, Rodney L. Schermer

Buffalo Law Review

No abstract provided.


Hart's Concept Of A Legal System, Michael Payne Dec 1976

Hart's Concept Of A Legal System, Michael Payne

William & Mary Law Review

No abstract provided.


Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen Oct 1975

Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen

Buffalo Law Review

No abstract provided.


Sanctions And Deviance: Another Look, Herbert Kritzer Apr 1975

Sanctions And Deviance: Another Look, Herbert Kritzer

IUSTITIA

In the past several years, there has been an extended dialogue in the literature concerning the question of the efficacy of sanctions as a means of deterring criminal behavior. There is some convincing evidence that threatened sanctions can and do deter some forms of behavior, such as parking violations and income tax evasion. Do these findings extend to other forms of behavior which our society has defined as criminal? This issue is considered by Gibbs in an article which appeared to find a clear link between the certainty and severity of sanctions and the murder rate. Gibbs' article stimulated additional …


Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin Apr 1975

Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin

Buffalo Law Review

No abstract provided.


The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad Apr 1975

The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad

Buffalo Law Review

No abstract provided.


Further Considerations Relating To Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin Oct 1974

Further Considerations Relating To Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin

Buffalo Law Review

No abstract provided.


Justice And Judgment, Cornelius F. Murphy Jr. Apr 1974

Justice And Judgment, Cornelius F. Murphy Jr.

Buffalo Law Review

No abstract provided.


Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin Jan 1974

Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin

Buffalo Law Review

No abstract provided.


Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin Oct 1972

Some Considerations On The Existential Force Of Roman Law In The Early History Of The United States, Mitchell Franklin

Buffalo Law Review

Paper prepared for the II Congreso interamericano de derecho romano of the Seminario de derecho romano de la facultad de derecho de la Universitad nacional autónoma de México, July 17-21, 1972, in coordination with, the Associación interamericana de derecho romano, with seat at the Universidad de Paraiba, Joao Pessoa, Brasil.


Punishment For Negligence: A Reply To Professor Hall, James B. Brady Oct 1972

Punishment For Negligence: A Reply To Professor Hall, James B. Brady

Buffalo Law Review

No abstract provided.


Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo Oct 1972

Jeremy Bentham's Codification Proposals And Some Remarks On Their Place In History, Terry Difilippo

Buffalo Law Review

No abstract provided.


The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel Oct 1972

The Influence Of Bentham's Philosophy Of Law On The Early Nineteenth Century Codification Movement In The United States, George M. Hezel

Buffalo Law Review

No abstract provided.


Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis Oct 1972

Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis

Buffalo Law Review

No abstract provided.


Justice In The 20th Century, Jerome Hall Jan 1971

Justice In The 20th Century, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Some Speculation About Artificial Intelligence And Legal Reasoning, Bruce G. Buchanan, Thomas E. Headrick Nov 1970

Some Speculation About Artificial Intelligence And Legal Reasoning, Bruce G. Buchanan, Thomas E. Headrick

Journal Articles

No abstract provided.


An Address: The Constitution And The Dilemma Of Historicism, Roger S. Ruffin May 1969

An Address: The Constitution And The Dilemma Of Historicism, Roger S. Ruffin

San Diego Law Review

In thinking about the Constitution, we should keep in mind the commonplaces that lace our thinking. We must keep them in sight at both levels: content and character, commonplace and commonplaceness–else their importance may escape us. Maitland’s view that "the history of law must be a history of ideas" is one such commonplace. Another was noticed by Edward Corwin: the "commonplace that every age has its own peculiar categories of thought; its speculations are carried on in a vocabulary which those who would be understood by it must adopt . . . ." These are tow of the commonplaces of …


Parent-Child Immunity: The Case For Abolition, Christine V. Pate May 1969

Parent-Child Immunity: The Case For Abolition, Christine V. Pate

San Diego Law Review

"However repugnant it may seem that a minor child should sue his own father, it is equally repugnant that a child injured by his parent's negligence, perhaps maimed for life should have no redress for the injury he has suffered." This anomaly exists today in the majority of jurisdictions which recognize the parent-child immunity. The origins of this rule, its exceptions and its present status nationwide and in California reflect a judicial determination not to interfere with the basic unit of our society, the family.


Bleak House 1968: A Report On Consumer Test Litigation, Philip G. Schrag Mar 1969

Bleak House 1968: A Report On Consumer Test Litigation, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The author presents the practical problems of consumer test-case litigation. Writing in an informal, anecdotal style, he addresses himself to law students, telling them of the many obstacles they will face in this type of practice. The author relates the innumerable and exasperating delaying tactics employed by his adversaries in several cases now being litigated. Looking beyond the theoretical efficacy of test-case litigation as a solution to the morass of consumers' grievances, the author's experiences suggest the need for basic reform of state procedure in order to permit more speedy resolution of the issues raised by such litigation.


Criminal Law At The International Border, Josph A. Milchen Jan 1969

Criminal Law At The International Border, Josph A. Milchen

San Diego Law Review

[G]eographical considerations are set forth to indicate the potential scope of legal problems that might arise at an international border. The mere length of the border permits imaginative speculation regarding possible violations of customs laws. Although some aspects of the law applicable at the international border are well settled, neither legislative insight nor fertile imagination nor past experience provide sufficient perception to cover the myriad situations that can arise at the border. Furthermore, new developments in related fields must be examined insofar as the border-crossing situation may affect or be affected by them. As a result, there ate the following …


The Neo-Positivist Concept Of International Law, Anthony D'Amato Jan 1965

The Neo-Positivist Concept Of International Law, Anthony D'Amato

Faculty Working Papers

The question "Is international law really law?" has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.


Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce Jan 1965

Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce

San Diego Law Review

This Article proposes to clarify this area of criminal practice. California Penal Code § 1023, prohibiting multiple prosecutions, and California Penal Code § 654, prohibiting multiple punishment for the same act or omission, are often misapplied by the California criminal courts. California Penal Code § 1023 sets down two tests to determine whether jeopardy has attached: the "identity of the offense" test and the "necessarily included offense" test. California Penal Code § 654 proscribes double punishment using concurrent sentencing, and prevents double jeopardy using not only the "necessarily included offense" test from § 1023, but also a broader "indivisible transaction" …


Felony-Murder - Surviving Co-Felons Are Punishable For First Degree Murder Under California Penal Code Section 189 For The Killing Of A Confederate By The Owner Of The Store Which They Were Robbing (People V. Hand, Cal. 1963), Robert C. Baxley Jan 1964

Felony-Murder - Surviving Co-Felons Are Punishable For First Degree Murder Under California Penal Code Section 189 For The Killing Of A Confederate By The Owner Of The Store Which They Were Robbing (People V. Hand, Cal. 1963), Robert C. Baxley

San Diego Law Review

In the process of executing a planned robbery of a store, one of four robbers was killed by the owner. The store had been previously robbed and the owner was waiting for such a recurrence. Held, on demurrer to the indictment, the surviving felons were punishable for first degree murder because the legislature intended this fact situation to be within the purview of section 189 and because of a strong public policy as a deterrent to violent felonies. People v. Hand, Crim. No. 5471, Super. Ct., San Diego (July 22, 1963).


Address By Secretary Of Labor W. Willard Wirtz, W. Willard Wirtz Jan 1964

Address By Secretary Of Labor W. Willard Wirtz, W. Willard Wirtz

San Diego Law Review

The address was delivered by Mr. Wirtz at the annual meeting of the Association of American Law Schools held in Los Angeles on December 29, 1963. Because they were addressed to the particular group assembled and depended for their meaning upon circumstances existing at the time, certain introductory comments have been deleted.


California Narcotic Rehabilitation: De Facto Prison For Addicts, John L. Roche, James C. Rothwell Jan 1964

California Narcotic Rehabilitation: De Facto Prison For Addicts, John L. Roche, James C. Rothwell

San Diego Law Review

This note discusses the history and status of California's statutory plans for coping with the narcotic addiction problem.