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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
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
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
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
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
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
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
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
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
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
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
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
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.
Justice And Judgment, Cornelius F. Murphy Jr.
Buffalo Law Review
No abstract provided.
Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.