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Articles 8191 - 8220 of 15108

Full-Text Articles in Legal Studies

Retribution In Criminal Theory, Douglas N. Husak Jan 2000

Retribution In Criminal Theory, Douglas N. Husak

San Diego Law Review

I will focus on three separate but intimately related dimensions of what I have identified as Moore's central theme. In Part H, I examine his views

about the data from which a theory of the criminal law is to be constructed. In Part I, I discuss his account of the rationale of punishment. In Part IV, I scrutinize his defense of legal moralism as a theory of legislative aim. I express general misgivings about the extraordinarily central place Moore affords retribution in his account of the criminal law as it exists today. I want to stress at the outset, however, …


Dropping Slugs In The Celestial Jukebox: Congressional Enabling Of Digital Music Piracy Short-Changes Copyright Holders Jan 2000

Dropping Slugs In The Celestial Jukebox: Congressional Enabling Of Digital Music Piracy Short-Changes Copyright Holders

San Diego Law Review

In response to the myriad new methods of copying that are emerging from the ongoing digital revolution, Congress has enacted several amendments to copyright law.' These statutes have sought to protect copyright holders in the digital age without chilling the development of new technologies or interfering with consumer access to copyrighted works. Specifically, the Audio Home Recording Act of 1992 ("AHRA") recognized the tremendous potential for piracy created by consumer access to digital audio recording devices. The purpose of the AHRA is not only to prevent infringing acts, but also to compensate copyright holders for the inevitable instances of illicit …


The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn Jan 2000

The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn

San Diego Law Review

American society and law display a deep reverence for the group, as long as it assumes corporate or quasi-corporate form. This reverence is not fleeting; rather, it has deep historical roots. In fact, it was there before the republic came into being and it played a profound role in the founding of the nation. Moreover, these roots are not only traditional, but philosophical and religious as well. This Article explores those roots, with three goals in mind. First, to correct the mistaken notion that American law has historically demonstrated a commitment to the individual at the expense of the group, …


Conditional Intent To Kill Is Enough For Federal Carjacking Conviction, Chris Norborg Jan 2000

Conditional Intent To Kill Is Enough For Federal Carjacking Conviction, Chris Norborg

Journal of Criminal Law and Criminology

No abstract provided.


Deceit And The Classification Of Crimes: Federal Rule Of Evidence 609 (A)(2) And The Origins Of Crimen Falsi, Stuart P. Green Jan 2000

Deceit And The Classification Of Crimes: Federal Rule Of Evidence 609 (A)(2) And The Origins Of Crimen Falsi, Stuart P. Green

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2000

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Don't Accept Rides From Strangers: The Supreme Court Hastens The Demise Of Passenger Privacy In American Automobiles, Daniel J. Hewitt Jan 2000

Don't Accept Rides From Strangers: The Supreme Court Hastens The Demise Of Passenger Privacy In American Automobiles, Daniel J. Hewitt

Journal of Criminal Law and Criminology

No abstract provided.


Stretching Venue Beyond Constitutional Recognition, Todd Lloyd Jan 2000

Stretching Venue Beyond Constitutional Recognition, Todd Lloyd

Journal of Criminal Law and Criminology

No abstract provided.


The Sixth Amendment Right To Counsel And Its Underlying Values: Defining The Scope Of Privacy Protection, Martin R. Gardner Jan 2000

The Sixth Amendment Right To Counsel And Its Underlying Values: Defining The Scope Of Privacy Protection, Martin R. Gardner

Journal of Criminal Law and Criminology

No abstract provided.


Docile Bodies--Chemical Restraints And The Female Inmate, Kathleen Auerhahn, Elizabeth Dermody Leonard Jan 2000

Docile Bodies--Chemical Restraints And The Female Inmate, Kathleen Auerhahn, Elizabeth Dermody Leonard

Journal of Criminal Law and Criminology

No abstract provided.


Small Favors: Chapter 154 Of The Antiterrorism And Effective Death Penalty Act, The States, And The Right To Counsel, Burke W. Kappler Jan 2000

Small Favors: Chapter 154 Of The Antiterrorism And Effective Death Penalty Act, The States, And The Right To Counsel, Burke W. Kappler

Journal of Criminal Law and Criminology

No abstract provided.


Big Brother And His Science Kit: Dna Databases For 21st Century Crime Control, Paul E. Tracy, Vincent Morgan Jan 2000

Big Brother And His Science Kit: Dna Databases For 21st Century Crime Control, Paul E. Tracy, Vincent Morgan

Journal of Criminal Law and Criminology

No abstract provided.


Recent Books Jan 2000

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.


Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard E. Harcourt Jan 2000

Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard E. Harcourt

Journal of Criminal Law and Criminology

No abstract provided.


The Unclearly Established Rule Against Unreasonable Searches And Seizures, Brian H. Chun Jan 2000

The Unclearly Established Rule Against Unreasonable Searches And Seizures, Brian H. Chun

Journal of Criminal Law and Criminology

No abstract provided.


My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler Jan 2000

My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler

Journal of Criminal Law and Criminology

No abstract provided.


The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat Jan 2000

The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat

Journal of Criminal Law and Criminology

No abstract provided.


No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast Jan 2000

No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2000

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Recent Books Jan 2000

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.


An Actuarial Risk Assessment Of Violence Posed By Capital Murder Defendants, Jonathan R. Sorensen, Rocky L. Pilgrim Jan 2000

An Actuarial Risk Assessment Of Violence Posed By Capital Murder Defendants, Jonathan R. Sorensen, Rocky L. Pilgrim

Journal of Criminal Law and Criminology

No abstract provided.


Constitutional Road Maps, Erik Luna Jan 2000

Constitutional Road Maps, Erik Luna

Journal of Criminal Law and Criminology

No abstract provided.


Supporting The Snakeheads: Human Smuggling From China And The 1996 Amendment To The U.S. Statutory Definition Of Refugee, Cleo J. Kung Jan 2000

Supporting The Snakeheads: Human Smuggling From China And The 1996 Amendment To The U.S. Statutory Definition Of Refugee, Cleo J. Kung

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2000

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley Jan 2000

Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley

Journal of Criminal Law and Criminology

No abstract provided.


Gang Loitering And Race, Lawrence Rosenthal Jan 2000

Gang Loitering And Race, Lawrence Rosenthal

Journal of Criminal Law and Criminology

No abstract provided.


On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons Jan 2000

On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons

Journal of Criminal Law and Criminology

No abstract provided.


Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton Jan 2000

Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2000

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Recent Books Jan 2000

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.