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Protection Of Human Rights Under Kosovo's Criminal Code And Criminal Procedure Code, Rexhep Murati

Chicago-Kent Law Review

The Criminal Code and Criminal Procedural Code of Kosovo, together with other laws from the fields of criminal and procedural law, provide protection of human rights to all of Kosovo's citizens based on the most advanced international standards of human rights. The Criminal Code of Kosovo increases the number of human rights and freedoms that are protected by law. The most important human rights and freedoms that benefit from this protection are the right to life and security of the person; fundamental rights and freedoms; and the rights to honor, reputation, personal dignity, marriage, family, and health. In the Criminal …

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Foreword, Micah Thorner

Chicago-Kent Law Review

No abstract provided.

Did Clinton Lie?: Defining "Sexual Relations", Peter Tiersma

Chicago-Kent Law Review

With the impeachment proceedings against President Clinton now well behind us, we can step back and consider the matter somewhat more dispassionately. The focus of the impeachment hearings was that Clinton perjured himself and engaged in obstruction of justice. I limit my observations to the question of whether he committed perjury, and in particular, whether he lied when he denied having a sexual relationship with a White House intern, Monica Lewinsky.

When Clinton was first asked during a deposition whether he had ever had an "affair" or "sexual relationship" with Lewinsky, he quite explicitly denied it. He was asked about …

Apology And Thick Trust: What Spouse Abusers And Negligent Doctors Might Have In Common, Erin Ann O'Hara

Chicago-Kent Law Review

This Article argues that an evolutionary analysis of the role of apology in human interactions helps us to identify contexts where victims are prone to excessively forgive wrongdoing. The Article explores two of those contexts—spouse abuse and medical malpractice—and begins to explore ways that the law does and should attempt to counteract the negative effects of excessive forgiveness.

What's Wrong With Harmless Theories Of Punishment, Kenworthey Bilz, John M. Darley

Chicago-Kent Law Review

We maintain that conventional punishment theories obscure what is virtually always at the heart of punishment policy debates: harm. Namely, punishment policy disputes reflect contested views about what the harms inflicted by crime are as an empirical matter, and whether these harms ought to be acknowledged by the criminal justice regime as a normative matter. We argue that in order to know who, what, and how much to punish, one must take a position about what the harms of crime actually are. However, conventional punishment theories are mute on this question. When they supply an answer, it is because they …

Summerlin V. Stewart And Ring Retroactivity, Tonya G. Newman

Chicago-Kent Law Review

The Sixth Amendment guarantees criminal defendants a trial before a jury. Until the Supreme Court decided Ring v. Arizona, however, nine states wholly or partially surrendered a portion of the jury's role to a sentencing judge. Specifically, those states allowed sentencing judges to make factual determinations regarding sentencing considerations by which capital defendants became eligible for the death penalty. The Ring Court halted the use of sentencing considerations to erode the jury's fundamental role in preserving accuracy and fairness of criminal proceedings, holding that the Sixth Amendment requires that a jury make factual findings on all elements, including sentencing …

What Legal Scholars Can Learn From Law And Economics, Anthony Ogus

Chicago-Kent Law Review

The starting point of this Article is Richard Posner's statement of regret (in 1975) that, in terms of legal scholarship, "normative analysis vastly preponderates over positive," and that this can be corrected by the economic analysis of law. I consider that the positive, predictive contribution of law and economics is still undervalued. Lawyers, practitioners and academics, have much to learn from economic analysis because so often they fail to understand the nature of the interaction between law and market phenomena. This Article explores three areas of analysis to justify this contention: the interplay between public and private incentive systems to …

The Unexpected Guest: Law And Economics, Law And Other Cognate Disciplines, And The Future Of Legal Scholarship, Thomas S. Ulen

Chicago-Kent Law Review

This Article argues that law and economics has worked a remarkable but unexpected change on legal scholarship. Many critics mistakenly claim that the most notable effect of law and economics lies in its conclusions about substantive legal rules. This Article argues that this criticism misses the far more radical effect of law and economics on the study of law—namely, its commitment to the scientific method of inquiry, a method that relies upon theorizing, then performing empirical work to verify or refute the theory, and then refining the theory in light of the results. The Article explains why this change has …