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Articles 991 - 1020 of 6496
Full-Text Articles in Social and Behavioral Sciences
The Moral Dilemma Of Positivism, Anthony D'Amato
The Moral Dilemma Of Positivism, Anthony D'Amato
Faculty Working Papers
I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …
Chronic Offenders: The Missing Cases In Self-Report Delinquency Research , Stephen A. Cernkovich, Peggy C. Giordano, Meredith D. Pugh
Chronic Offenders: The Missing Cases In Self-Report Delinquency Research , Stephen A. Cernkovich, Peggy C. Giordano, Meredith D. Pugh
Journal of Criminal Law and Criminology
No abstract provided.
Heath V. Alabama: A Case Study Of Doctrine And Rationality In The Supreme Court, Ronald J. Allen, John P. Ratnaswamy
Heath V. Alabama: A Case Study Of Doctrine And Rationality In The Supreme Court, Ronald J. Allen, John P. Ratnaswamy
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Procedure Doctrine: Some Versions Of The Skeptical , Robert Weisberg
Criminal Procedure Doctrine: Some Versions Of The Skeptical , Robert Weisberg
Journal of Criminal Law and Criminology
No abstract provided.
Selective Service Or Prosecution For The Vocal Nonregistrants--First Amendment And Equal Protection: Wayte V. United States, 105 S. Ct. 1524 (1985), Gary D. Sarles
Journal of Criminal Law and Criminology
No abstract provided.
Function Over Form: The Automobile Exception Applied To Motor Homes--Fourth Amendment: California V. Carney, 105 S. Ct. 2066 (1985), Shane V. Nugent
Function Over Form: The Automobile Exception Applied To Motor Homes--Fourth Amendment: California V. Carney, 105 S. Ct. 2066 (1985), Shane V. Nugent
Journal of Criminal Law and Criminology
No abstract provided.
Reasonableness Of Surgical Intrusions--Fourth Amendment: Winston V. Lee, 105 S. Ct. 1611 (1985), Jay A. Gitles
Reasonableness Of Surgical Intrusions--Fourth Amendment: Winston V. Lee, 105 S. Ct. 1611 (1985), Jay A. Gitles
Journal of Criminal Law and Criminology
No abstract provided.
Determining The Reasonable Length Of A Terry Stop--Fourth Amendment: United States V. Sharpe, 105 S. Ct. 1568 (1985), David J. Kulowiec
Determining The Reasonable Length Of A Terry Stop--Fourth Amendment: United States V. Sharpe, 105 S. Ct. 1568 (1985), David J. Kulowiec
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Courts And Bureaucratic Justice: Concessions And Consensus In The Guilty Plea Process, Peter F. Nardulli, Roy B. Flemming, James Eisenstein
Criminal Courts And Bureaucratic Justice: Concessions And Consensus In The Guilty Plea Process, Peter F. Nardulli, Roy B. Flemming, James Eisenstein
Journal of Criminal Law and Criminology
No abstract provided.
Pretrial Detention Of Juveniles And Its Impact On Case Dispositions, The , Charles E. Frazier, Donna M. Bishop
Pretrial Detention Of Juveniles And Its Impact On Case Dispositions, The , Charles E. Frazier, Donna M. Bishop
Journal of Criminal Law and Criminology
No abstract provided.
Why So Fast, Why So Slow: Explaining Case Processing Time, Mary Lee Luskin, Robert C. Luskin
Why So Fast, Why So Slow: Explaining Case Processing Time, Mary Lee Luskin, Robert C. Luskin
Journal of Criminal Law and Criminology
No abstract provided.
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz
Journal of Criminal Law and Criminology
No abstract provided.
Legal Fictions And Criminology: The Jurisprudence Of Drunk Driving , Lonn Lanza-Kaduce, Donna M. Bishop
Legal Fictions And Criminology: The Jurisprudence Of Drunk Driving , Lonn Lanza-Kaduce, Donna M. Bishop
Journal of Criminal Law and Criminology
No abstract provided.
Constitutional Limits On Criminal Presumptions As An Expression Of Changing Concepts Of Fundamental Fairness, Leslie J. Harris
Constitutional Limits On Criminal Presumptions As An Expression Of Changing Concepts Of Fundamental Fairness, Leslie J. Harris
Journal of Criminal Law and Criminology
No abstract provided.
Preventive Detention: A Constitutional But Ineffective Means Of Fighting Pretrial Crime, Scott D. Himsell
Preventive Detention: A Constitutional But Ineffective Means Of Fighting Pretrial Crime, Scott D. Himsell
Journal of Criminal Law and Criminology
No abstract provided.
Expert Psychological Testimony About Child Complainants In Sexual Abuse Prosecutions: A Foray Into The Admissibility Of Novel Psychological Evidence, David Mccord
Journal of Criminal Law and Criminology
No abstract provided.
Due Process And An Indigent's Right To Court-Appointed Psychiatric Assistance In State Criminal Proceedings--Fourteenth Amendment: Ake V. Oklahoma, 105 S. Ct. 1087 (1985), Beth Levine
Journal of Criminal Law and Criminology
No abstract provided.
Searches By Public School Officials Valid On Reasonable Grounds--Fourth Amendment: New Jersey V. T. L. O., 105 S. Ct. 733 (1985), Neal I. Aizenstein
Searches By Public School Officials Valid On Reasonable Grounds--Fourth Amendment: New Jersey V. T. L. O., 105 S. Ct. 733 (1985), Neal I. Aizenstein
Journal of Criminal Law and Criminology
No abstract provided.
Warrantless Search Of Packages Seized From An Automobile--Fourth Amendment: United States V. Johns, 105 S. Ct. 881 (1985), Bernard J. Bobber
Warrantless Search Of Packages Seized From An Automobile--Fourth Amendment: United States V. Johns, 105 S. Ct. 881 (1985), Bernard J. Bobber
Journal of Criminal Law and Criminology
No abstract provided.
Obscenity And Police Purchases: A Purchase Is A Purchase Is A Seizure--First And Fourth Amendments: Maryland V. Macon, 105 S. Ct. 2778 (1985), Nicholas L. Giampietro
Obscenity And Police Purchases: A Purchase Is A Purchase Is A Seizure--First And Fourth Amendments: Maryland V. Macon, 105 S. Ct. 2778 (1985), Nicholas L. Giampietro
Journal of Criminal Law and Criminology
No abstract provided.
Assembling A Jury Willing To Impose The Death Penalty: A New Disregard For A Capital Defendant's Rights--Sixth Amendment: Wainwright V. Witt, 105 S. Ct. 844 (1985), Patrick J. Callans
Assembling A Jury Willing To Impose The Death Penalty: A New Disregard For A Capital Defendant's Rights--Sixth Amendment: Wainwright V. Witt, 105 S. Ct. 844 (1985), Patrick J. Callans
Journal of Criminal Law and Criminology
No abstract provided.
Insider Justice: Defense Attorneys And The Handling Of Felony Cases, Peter F. Nardulli
Insider Justice: Defense Attorneys And The Handling Of Felony Cases, Peter F. Nardulli
Journal of Criminal Law and Criminology
No abstract provided.
Updating The Deterrence Doctrine, J. L. Miller, Andy B. Anderson
Updating The Deterrence Doctrine, J. L. Miller, Andy B. Anderson
Journal of Criminal Law and Criminology
No abstract provided.
Expansion Of The Terry Doctrine To Completed Felonies, The--Fourth Amendment: United States V. Hensley, 105 S. Ct. 675 (1985), Jolene D. Pettus
Expansion Of The Terry Doctrine To Completed Felonies, The--Fourth Amendment: United States V. Hensley, 105 S. Ct. 675 (1985), Jolene D. Pettus
Journal of Criminal Law and Criminology
No abstract provided.
Incentive To Litigate: The Court's Rejection Of Standing Requirements--Civil Rico: Sedima V. Imrex, 105 S. Ct. 3275 (1985), Terrence P. Canade
Incentive To Litigate: The Court's Rejection Of Standing Requirements--Civil Rico: Sedima V. Imrex, 105 S. Ct. 3275 (1985), Terrence P. Canade
Journal of Criminal Law and Criminology
No abstract provided.
On Classism And Dissonance In The Criminal Law: A Reply To Professor Meir Dan-Cohen, Richard Singer
On Classism And Dissonance In The Criminal Law: A Reply To Professor Meir Dan-Cohen, Richard Singer
Journal of Criminal Law and Criminology
No abstract provided.
Does Where You Live Determine What You Get A Case Study Of Misdemeanant Sentencing, Thomas L. Austin
Does Where You Live Determine What You Get A Case Study Of Misdemeanant Sentencing, Thomas L. Austin
Journal of Criminal Law and Criminology
No abstract provided.