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27,906 full-text articles. Page 559 of 613.

Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review], Mark FINDLAY 2012 Singapore Management University

Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review], Mark Findlay

Research Collection Yong Pung How School Of Law

No abstract provided.


No Secrets Allowed: A Prosecutor’S Obligation To Disclose Inadmissible Evidence, Abigail B. Scott 2012 The Catholic University of America, Columbus School of Law

No Secrets Allowed: A Prosecutor’S Obligation To Disclose Inadmissible Evidence, Abigail B. Scott

Catholic University Law Review

No abstract provided.


The Micro And Macro Causes Of Prison Growth, John F. Pfaff 2012 Fordham University School of Law

The Micro And Macro Causes Of Prison Growth, John F. Pfaff

Faculty Scholarship

No abstract provided.


How Many Lives Has Victor Streib Saved? A Tribute, Deborah W. Denno 2012 Fordham University School of Law

How Many Lives Has Victor Streib Saved? A Tribute, Deborah W. Denno

Faculty Scholarship

No abstract provided.


Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam 2012 Benjamin N. Cardozo School of Law

Requiring Miranda Warnings For The Christmas Day Bomber And Other Terrorists, Malvina Halberstam

Articles

No abstract provided.


Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor, Siyuan CHEN, Nathaniel Poon-Ern KHNG 2012 Singapore Management University

Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor, Siyuan Chen, Nathaniel Poon-Ern Khng

Research Collection Yong Pung How School Of Law

When the Court of Appeal rendered the decision of Tan Kiam Peng in 2008, it was unable to come to a conclusive determination of the correct interpretation of s. 18(2) of the Misuse of Drugs Act, a provision pertaining to the presumption of an accused’s knowledge of the nature of the controlled drugs in his possession. This issue was presented to a differently constituted Court of Appeal in Nagaenthran, which seemingly ruled in favour of the narrow interpretation of s. 18(2) as opposed to the broader interpretation. Nagaenthran, however, did not address the questions raised by Tan Kiam Peng vis-à-vis …


Of Trayvon Martin, George Zimmerman, And Legal Expressivism: Why Massachusetts Should Stand Its Ground On "Stand Your Ground", Louis N. Schulze Jr. 2012 Florida International University College of Law

Of Trayvon Martin, George Zimmerman, And Legal Expressivism: Why Massachusetts Should Stand Its Ground On "Stand Your Ground", Louis N. Schulze Jr.

Faculty Publications

This essay suggests that the expressive impact of Stand Your Ground laws alters the shared norms governing our collective understanding of the moral limits of “self-defense.” The essay argues that the theory of Legal Expressivism can explain the widespread misunderstanding of the limits of self-defense, as demonstrated by the institutional and popular reactions to the killing of Trayvon Martin by George Zimmerman. To support this thesis, the piece briefly explains Stand Your Ground statutes and legal expressivism. It then details the nature of the expressive function of these statutes and asserts that Massachusetts, which recently considered the adoption of such …


A Neurological Foundation For Freedom, Nita A. Farahany 2012 Duke Law School

A Neurological Foundation For Freedom, Nita A. Farahany

Faculty Scholarship

No abstract provided.


The Innocence Effect, Avishalom Tor, Oren Gazal-Ayal 2012 Notre Dame Law School

The Innocence Effect, Avishalom Tor, Oren Gazal-Ayal

Journal Articles

Nearly all felony convictions - about 95 percent - follow guilty pleas, suggesting that plea offers are very attractive to defendants compared to trials. Some scholars argue that plea bargains are too attractive and should be curtailed because they facilitate the wrongful conviction of innocents. Others contend that plea bargains only benefit innocent defendants, providing an alternative to the risk of a harsher sentence at trial. Hence, even while heatedly disputing their desirability, both camps in the debate believe that plea bargains commonly lead innocents to plead guilty. This Article shows, however, that the belief that innocents routinely plead guilty …


Response: One Market We Do Not Need, Giovanna Shay 2012 Western New England University School of Law

Response: One Market We Do Not Need, Giovanna Shay

Faculty Scholarship

The Author responds to Alexander Volokh’s, Prison Vouchers, 160 U. Pa. L. Rev. 779 (2012). She argues that Professor Volokh is right that American prisons are considered to be “low quality,” and that they suffer from “high violence rates, bad medical care, [and] overuse of highly punitive measures like administrative segregation . . . .” But his proposed solution—a system of “prison vouchers” that would permit prisoners to choose their facilities and thus create a market for prison services—would provide only an illusion of choice. Even worse, such a system runs the risk of strengthening the self-interested forces that drive …


Illich (Via Cayley) On Prisons, Giovanna Shay 2012 Western New England University School of Law

Illich (Via Cayley) On Prisons, Giovanna Shay

Faculty Scholarship

This Article considers whether, more than a dozen years after publication of Cayley’s book "The Expanding Prison: The Crisis in Crime and Punishment and the Search for Alternatives," Illich’s theories help us to make sense of America’s “prison-industrial complex.” The Author concludes that our current situation reflects in part the dynamics of his theory of “counterproductivity,” but that Illich did not take sufficient account of the salience of race and class in American criminal punishment.


Inside-Out As Law School Pedagogy, Giovanna Shay 2012 Western New England University School of Law

Inside-Out As Law School Pedagogy, Giovanna Shay

Faculty Scholarship

In the fall of 2010, and again in spring 2012, the Author taught a course entitled Gender & Criminal Law inside the Western Massachusetts Correctional Alcohol Center in Springfield. Participants in the course included roughly equal numbers of law students from the Author's home academic institution, Western New England University School of Law, and residents of the facility. For fourteen weeks, the class met weekly at the institution to discuss issues including domestic violence law reform, the role of family ties in sentencing, and gender issues in prisoner reentry. The Author taught this course in a modified form of the …


The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan 2012 Texas A&M University School of Law

The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan

Maryland Law Review

No abstract provided.


Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin 2012 Washington University in St. Louis School of Law

Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin

Scholarship@WashULaw

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …


Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. McMunigal 2012 Washington University in St. Louis School of Law

Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. Mcmunigal

Scholarship@WashULaw

A recent study found that poor criminal defendants in Philadelphia who were represented by court-appointed private lawyers were more often found guilty and sentenced to more time in prison than similarly situated defendants represented by public defenders. In this column, we review the details of the study, its findings, and its ethical and constitutional implications.


Wrongful Convictions Do Lower Deterrence, Nuno Garoupa, Matteo Rizzolli 2012 Texas A&M University School of Law

Wrongful Convictions Do Lower Deterrence, Nuno Garoupa, Matteo Rizzolli

Faculty Scholarship

The conventional result of the theory of the public enforcement of law is that wrongful convictions of innocents are detrimental to deterrence. This proposition has been challenged recently. In some cases, wrongful convictions do not jeopardize deterrence, because they influence equally the innocent and the guilty. Therefore deterrence does not change. We show that, in general, wrongful convictions do lower deterrence. We prove that wrongful convictions do not jeopardize deterrence only in very limited circumstances or under unlikely assumptions.


Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing 2012 University of Kentucky

Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing

Kentucky Law Journal

No abstract provided.


"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey 2012 University of Kentucky

"A Matter Of Grace": Alternatives To Billing Insurance For Sexual Assault Forensic Examinations, Jessica C. Harvey

Kentucky Law Journal

No abstract provided.


Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook 2012 Department of Justice

Stepping Into The Gap: Violent Crime Victims, The Right To Closure, And A Discursive Shift Away From Zero Sum Resolutions, Blanche Bong Cook

Kentucky Law Journal

No abstract provided.


Why We Need A Progressive Account Of Violence, Aya Gruber 2012 University of Colorado Law School

Why We Need A Progressive Account Of Violence, Aya Gruber

Publications

No abstract provided.


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