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"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad Dec 1998

"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad

University of Michigan Journal of Law Reform

Just as Grant Gilmore described "contorts" that lie on the borderline between contract and tort law, the authors coin the term "crimtort" to identify the expanding common ground between criminal and tort law. Although the concept of crimtort can be broadly applied to many areas of the law, this Article focuses on the primary crimtort remedy - punitive damages. The deterrent power of punitive damages lies in the wealth-calibration of the defendant's punishment. For corporations this means that punitive damages will reflect the firm's net income or net worth. The theoretical danger is that juries will abuse wealth by ...


Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky Dec 1998

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky

University of Michigan Journal of Law Reform

This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United ...


Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti Jul 1998

Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti

University of Miami Inter-American Law Review

No abstract provided.


The Color Line Of Punishment, Jerome H. Skolnick May 1998

The Color Line Of Punishment, Jerome H. Skolnick

Michigan Law Review

If "the color line," (in W.E.B. Du Bois's 1903 phrase and prophecy) was to be the twentieth century's greatest challenge for the domestic life and public policy of the United States, the law has had much to do with drawing its shape. No surprise, this. By now, legal theorists accept that law does not advance in preordained fashion, immune from the sway of political interest, belief systems and social structure. Still, it is hard to exaggerate how powerfully the law has shaped the life chances of Americans of African heritage, for good or ill, and in ...


Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her ...


Why Bombing Iraq As Punishment Is Contraindicated Jan 1998

Why Bombing Iraq As Punishment Is Contraindicated

International Bulletin of Political Psychology

This article describes psychological contraindications for bombing Iraq in response to continually impeding the work of the United Nations (U.N.) Special Commission (UNSCOM).


Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig Jan 1998

Death Penalty Primer: Reviewing International Human Rights Development & The Aba Resolution For A Moratorium On Capital Punishment In Order To Inform Debates In U.S. State Legislatures, Dorean Marguerite Koenig

ILSA Journal of International & Comparative Law

More than half of the world's nations have either abolished or no longer practice the death penalty. I In this coming year, the opportunity for a vast expansion in the number of nations which no longer adhere to the death penalty appears almost certain because of events which occurred in 1997, some of which are detailed here.


Homosexuality As (Anti)Illness: Oscar Wilde's The Picture Of Dorian Gray And Gabriele D'Annunzio's Il Piacere , Edward S. Brinkley Jan 1998

Homosexuality As (Anti)Illness: Oscar Wilde's The Picture Of Dorian Gray And Gabriele D'Annunzio's Il Piacere , Edward S. Brinkley

Studies in 20th & 21st Century Literature

This article treats Oscar Wilde's The Picture of Dorian Gray as culturally antagonistic but also as culturally conservative: Dorian's liminal position as a male who knows—who has experienced sexual contact with other males—is linked in the text both to a position of cultural/epistemological superiority (the "Greek" sexual act constructed as index of canonical mastery, back to Greek texts and artwork) and to a position of disease and dis-figurement. The latter association, read by other commentators particularly in the final pages as punishment for narcissism, hedonism, or homosexual activity, is here glossed as an accusation against ...


G98-1366 Establishing Juvenile Diversion In Your Community, Stephen T. Russell, Susan Wood, Sara Domeier Jan 1998

G98-1366 Establishing Juvenile Diversion In Your Community, Stephen T. Russell, Susan Wood, Sara Domeier

Historical Materials from University of Nebraska-Lincoln Extension

Juvenile diversion programs are created to divert youth from early encounters with the juvenile court system. By focusing on strengths of children in a positive youth development framework, successful diversion programs discourage delinquency and encourage stronger family and community relationships. This guide describes the issues communities need to consider in the development of a juvenile diversion program.

Each year over two million juveniles in the United States are arrested and become involved in the juvenile court system. Juvenile diversion programs have been created to divert youth from their early encounters with the juvenile court system. These programs involve the suspension ...


Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields Jan 1998

Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields

Fordham Urban Law Journal

New York State's death penalty statute is constitutionally flawed in many respects. It violates the state and federal prohibition against cruel and unusual punishment and provides unrestricted prosecutorial discretion to pursue the death penalty. This standardless and unfettered discretion creates the risk of arbitrary or discriminatory application of capital punishment.


Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson Jan 1998

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

Scholarly Works

No abstract provided.