American Bar Foundation research journal. American Bar Foundation最新文献

The Insanity Defense in Fact and Fiction: On Norval Morris's "Madness and the Criminal Law" 精神错乱辩护的事实与虚构——论诺瓦尔·莫里斯的《疯狂与刑法》

American Bar Foundation research journal. American Bar Foundation Pub Date : 1985-04-01 DOI: 10.1111/J.1747-4469.1985.TB00915.X

Susan N. Herman

{"title":"The Insanity Defense in Fact and Fiction: On Norval Morris's \"Madness and the Criminal Law\"","authors":"Susan N. Herman","doi":"10.1111/J.1747-4469.1985.TB00915.X","DOIUrl":"https://doi.org/10.1111/J.1747-4469.1985.TB00915.X","url":null,"abstract":"Of all problems concerning mental illness and the criminal law, the insanity defense has become the centerpiece. This is not surprising, as the defense is in many ways the acid test of our attitudes toward the insane and toward the criminal law itself. Our acceptance of the defense has denoted our acceptance of the principle that moral and legal guilt should be, to the greatest extent possible, coextensive. The trial of John Hinckley has also focused attention on the insanity defense, as the debate sparked by the verdict in that case continues to simmer in legislatures around the country. Therefore, although Norval Morris's book Madness and the Criminal Law treats a range of topics-proposals for the trial of those now found incompetent to stand trial, a philosophy for the sentencing of the mentally ill, and some general sentencing philosophy by way of background-it is Morris's advocacy of the abolition of the insanity defense that most intrigues me. Morris comments at one point in his discussion that it is just a matter of time until legislatures abolish the insanity defense (at 67). It is this proposition I would like to examine, for through it the perspective of the entire book is revealed.'","PeriodicalId":80417,"journal":{"name":"American Bar Foundation research journal. American Bar Foundation","volume":"66 1","pages":"385-389"},"PeriodicalIF":0.0,"publicationDate":"1985-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/J.1747-4469.1985.TB00915.X","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"63269066","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Nuremberg Reconsidered: Conot's "Justice at Nuremberg" 反思纽伦堡:科诺的“纽伦堡审判”

American Bar Foundation research journal. American Bar Foundation Pub Date : 1985-04-01 DOI: 10.1111/J.1747-4469.1985.TB00914.X

Stuart A. Scheingold

{"title":"Nuremberg Reconsidered: Conot's \"Justice at Nuremberg\"","authors":"Stuart A. Scheingold","doi":"10.1111/J.1747-4469.1985.TB00914.X","DOIUrl":"https://doi.org/10.1111/J.1747-4469.1985.TB00914.X","url":null,"abstract":"Two generations have been born and have grown to maturity since the Nuremberg War Crime Tribunal sifted evidence and rendered judgment in 1945 and 1946. Are we in danger of forgetting the unforgettable? Given the world's continuing fascination with National Socialism, it seems unlikely that the Nazis will be forgotten. But if there is no danger of forgetting the unforgettable, something much worse may be happening. The world may be starting to think the unthinkable. As Robert Conot puts it in the introduction to Justice at Nuremberg: \"A world-wide cult has arisen claiming that the Holocaust never happened. A hundred books, booklets, and pamphlets have been printed alleging that the slaughter was imaginary or exaggerated, and is but a Jewish invention\" (at xii). Compounding the problem, according to Conot, is that the \"trial [of the Nazi war criminals] has never been fully explored\" (at xi). He proposes to \"make the facts accessible\" (at xiii) to expose such distortions of history as the claims that the Jews who died during World War II were victims of the general food shortage and that Zyklon B was simply a disinfectant. Conot does not, in fact, have the field quite so much to himself. Such recent works as Bradley Smith's The Road to Nuremberg' and Reaching Judgment at Nuremberg2 come to mind, as does the reissue of Victor Bernstein's 1947 account of the trials, The Holocaust-Final Judgment3 (originally pub-","PeriodicalId":80417,"journal":{"name":"American Bar Foundation research journal. American Bar Foundation","volume":"10 1","pages":"375-384"},"PeriodicalIF":0.0,"publicationDate":"1985-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/J.1747-4469.1985.TB00914.X","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"63269027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Constructing a Way Out of the Liberal Predicament 构建一条走出自由主义困境的道路

American Bar Foundation research journal. American Bar Foundation Pub Date : 1985-04-01 DOI: 10.1111/J.1747-4469.1985.TB00912.X

Joseph P. Tomain

{"title":"Constructing a Way Out of the Liberal Predicament","authors":"Joseph P. Tomain","doi":"10.1111/J.1747-4469.1985.TB00912.X","DOIUrl":"https://doi.org/10.1111/J.1747-4469.1985.TB00912.X","url":null,"abstract":"Professor Bruce Ackerman's Reconstructing American Law is about lawyering in the modern activist state (ch. 1).' The activist state, a child of the New Deal,2 is a place where government is both a valued and a feared participant in the lives of its citizens. Proponents of the activist state, Ackerman and other liberals included, believe that government is necessary to guarantee basic rights and freedoms and redistribute power. Simultaneously, they believe that government threatens those very rights and freedoms and unfairly concentrates power. Lawyers, the leading architects of the activist state, are called on to monitor government and to check institutional abuses while protecting liberties. This mediating role assigned to lawyers is no small task given the complexities of modern society, such as vast amounts of legislation, a proliferation of agencies administering to perceived social and economic ills, correspondingly arcane bureaucratic regulations, and a market economy in which the line between government regulation and private enterprise grows increasingly blurry. To meet the challenge, Ackerman argues that lawyers need a new philosophy, and Reconstructing American Law is an initial attempt to meet this need.","PeriodicalId":80417,"journal":{"name":"American Bar Foundation research journal. American Bar Foundation","volume":"10 1","pages":"345-357"},"PeriodicalIF":0.0,"publicationDate":"1985-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/J.1747-4469.1985.TB00912.X","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"63269010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Criminal Procedure Political Connection: Miranda Before and After 刑事诉讼的政治联系:米兰达的前后

American Bar Foundation research journal. American Bar Foundation Pub Date : 1985-04-01 DOI: 10.1111/J.1747-4469.1985.TB00917.X

C. D. Robinson

{"title":"The Criminal Procedure Political Connection: Miranda Before and After","authors":"C. D. Robinson","doi":"10.1111/J.1747-4469.1985.TB00917.X","DOIUrl":"https://doi.org/10.1111/J.1747-4469.1985.TB00917.X","url":null,"abstract":"Liva Baker's book on the \"crime, law and politics\" surrounding the Miranda case opens with a detailed account of the crime committed by Miranda and closes with his death in 1976 in a barroom fight as his assailant is being given his Miranda rights. In between, using the Miranda case as a centerpiece, Liva Baker, who earlier wrote a biography of Felix Frankfurter,' has woven a tapestry of the social and political forces and events preceding and following that case. Into that skein, she was wound the life stories of the chief participants; the broad social trends; a paralegal course on criminal procedure; and an analysis of how the political, legal, and economic elites manipulate the legal system to their benefit. Baker shows the connections and interrelationships between the lives and fortunes of individuals and the power struggles in which they (largely men) engage. She is able to relate-and this is certainly her major object-individual cases to the political system from which they emerge. More particularly, the book leads to a better understanding of the current assault on the exclusionary rule and the way the rule became the focus of political campaigns of the 1970s. The work is marvelously nontechnical, yet answers almost every question one is likely to pose about the workings of the United States Supreme Court. Along the way, Baker provides both recent historical background and legal analysis of criminal-procedure cases emanating from the Warren and Burger Courts. Her main emphasis is on the political machinations surrounding these decisions, especially their attempted manipulation for political purposes. Although by no means pathbreaking in placing law in a political setting, or","PeriodicalId":80417,"journal":{"name":"American Bar Foundation research journal. American Bar Foundation","volume":"10 1","pages":"419-434"},"PeriodicalIF":0.0,"publicationDate":"1985-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/J.1747-4469.1985.TB00917.X","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"63269073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Professional Responsibility Casebooks and the New Positivism: A Reply to Professor Chemerinsky: [Reply/Rejoinder] 职业责任案例书与新实证主义——对切莫林斯基教授的回答[答/辩]

American Bar Foundation research journal. American Bar Foundation Pub Date : 1985-01-23 DOI: 10.1086/492131

Ted Schneyer

引用次数: 0

Pedagogy Without Purpose: An Essay on Professional Responsibility Courses and Casebooks 没有目的的教育学:专业责任课程与案例书随笔

American Bar Foundation research journal. American Bar Foundation Pub Date : 1985-01-01 DOI: 10.1111/J.1747-4469.1985.TB00504.X

Erwin Chemerinsky

{"title":"Pedagogy Without Purpose: An Essay on Professional Responsibility Courses and Casebooks","authors":"Erwin Chemerinsky","doi":"10.1111/J.1747-4469.1985.TB00504.X","DOIUrl":"https://doi.org/10.1111/J.1747-4469.1985.TB00504.X","url":null,"abstract":"The involvement of so many attorneys in the Watergate scandal caused the bar to wonder how to better train ethical lawyers. The American Bar Association instituted an accreditation requirement that law schools compel their students to take a professional responsibility course. Additionally, many states began requiring passage of the Multistate Professional Responsibility Examination as a condition for admission to the bar. These actions, however, were taken with little thought about how legal ethics should be studied. Rather, the assumption has been that a lawyer is ethical if he or she knows the Code of Professional Responsibility and can demonstrate that knowledge on a multiple choice test. I believe that such an approach to professional responsibility, emphasizing just learning the Code, is largely useless. Memorizing a few rules has little relation to ethical practice. In fact, such an approach is counterproductiveinstead of encouraging students to consider the difficult issues confronting all lawyers, it lets them feel content merely to learn a handful of canons and disciplinary rules. To illustrate how pervasive this approach to legal ethics is, and how empty, I want to focus on three major casebooks on professional responsibility that have been published in the past two years. They are selected because they are extensively used and therefore likely reflect how professional responsibility","PeriodicalId":80417,"journal":{"name":"American Bar Foundation research journal. American Bar Foundation","volume":"10 1","pages":"189-199"},"PeriodicalIF":0.0,"publicationDate":"1985-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/J.1747-4469.1985.TB00504.X","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"63268792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Ladders and Bushes: The Problem of Caseloads and Studying Court Activities over Time 阶梯与灌木:案件数量问题与法庭活动研究

American Bar Foundation research journal. American Bar Foundation Pub Date : 1984-10-01 DOI: 10.1111/J.1747-4469.1984.TB01059.X

S. Daniels

引用次数: 20

The Embeddedness of Law: Reflections on Lukes and Scull's "Durkheim and the Law" 法的嵌入性:对卢卡和斯库尔《迪尔凯姆与法》的反思

American Bar Foundation research journal. American Bar Foundation Pub Date : 1984-01-23 DOI: 10.1111/J.1747-4469.1984.TB01063.X

S. Spitzer

引用次数: 1

Crime, Criminal Justice, and Economics: Phillips & Votey, Schmidt & Witte 犯罪、刑事司法和经济学:Phillips & Votey, Schmidt & Witte

American Bar Foundation research journal. American Bar Foundation Pub Date : 1984-01-01 DOI: 10.1086/492088

Richard M. McGahey, Llad Phillips, S. Pub

{"title":"Crime, Criminal Justice, and Economics: Phillips & Votey, Schmidt & Witte","authors":"Richard M. McGahey, Llad Phillips, S. Pub","doi":"10.1086/492088","DOIUrl":"https://doi.org/10.1086/492088","url":null,"abstract":"Is criminal behavior economically rational? Can we analyze criminal justice institutions in the same way that economists analyze the production and business decisions of private firms? What is the best mix of spending on police, courts, prisons, and social programs to achieve crime control? How much crime control is enough-what are the limits on public and private spending to avoid crime? Although policy analysts are now accustomed to asking such questions regarding crime and criminal justice, posing issues in this way has been central to the American debate on criminal justice only since the late 1960s, when economists began to study crime using their particular theoretical perspective and empirical techniques. Two recent volumes by economists-Llad Phillips and Harold Votey's The Economics of Crime Control and Peter Schmidt and Ann Witte's An Economic Analysis of Crime and Justice-illustrate economists' contributions to this debate and also underscore the difficulties with using the economic framework to analyze crime and recommend policy. Both books are collections of diverse work by their authors over the past decade or more. Both books also summarize the authors' assessment of economists' contributions to the study of crime. Phillips and Votey provide a","PeriodicalId":80417,"journal":{"name":"American Bar Foundation research journal. American Bar Foundation","volume":"9 1","pages":"869"},"PeriodicalIF":0.0,"publicationDate":"1984-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60355195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

[Book Review: Report on Class Actions Ontario Law Reform Commission] [书评:安大略省法律改革委员会集体诉讼报告]

American Bar Foundation research journal. American Bar Foundation Pub Date : 1983-01-22 DOI: 10.1086/492037

J. S. DuVal

引用次数: 0