Legal Studies Commons^™

Kidnapping Federalism: United States V. Wills And The Constitutionality Of Extending Federal Criminal Law Into The States, M. Todd Scott

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.

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)

.

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 …

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 …

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.

Attributions Of Criminal Responsibility Of Children : An Exploratory Study Of The Role Of Wrongdoer Age, Victim Harm And Perceptions Of Intent And Consequence, James Mccue

Theses : Honours

Recent cases, such as that of James Bulger, have provided anecdotal evidence of children's capacities to commit illegal acts. Currently however, the public's attributions of children who engage in antisocial and criminal behaviour, and whether they should be held criminally responsible for their actions, has received little attention in terms of empirical research. The aim of the present study was to examine these attributions and establish whether they concur with the guidelines for criminal responsibility set down by the Western Australian criminal justice system. Two independent variables were manipulated using vignettes and included the age of the wrongdoer (7, 10 …

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 …

Every Day Is Halloween: A Goth Primer For Law Enforcement, Gordon A. Crews

Criminal Justice Faculty Publications

The following article is based upon field research conducted by Dr. Gordon A. Crews dealing with juveniles and young adults involved in the “Goth” lifestyle across the United States. This research is part of his ongoing efforts over the last decade to examine the impacts of alternative lifestyles, beliefs, and practices upon juvenile delinquency and violence. Most of the information in this article has been derived from face-to-face interviews with individuals aged 13 to 39 years of age proclaiming to be Goth, Vampires, Satanists, Pagans, Wiccans, New Agers, Druids, and a myriad of other occult-based identities.

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 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 …

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 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 …