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Articles 8191 - 8220 of 15108
Full-Text Articles in Legal Studies
Retribution In Criminal Theory, Douglas N. Husak
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
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
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
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
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.
Don't Accept Rides From Strangers: The Supreme Court Hastens The Demise Of Passenger Privacy In American Automobiles, Daniel J. Hewitt
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
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
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
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
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
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.
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard E. Harcourt
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
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
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
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
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.
An Actuarial Risk Assessment Of Violence Posed By Capital Murder Defendants, Jonathan R. Sorensen, Rocky L. Pilgrim
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
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
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.
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
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
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
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
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.