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University of Pennsylvania Carey Law School

2002

Articles 1 - 16 of 16

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Copping A Plea To Genocide: The Plea Bargaining Of International Crimes , Nancy Amoury Combs Nov 2002

Copping A Plea To Genocide: The Plea Bargaining Of International Crimes , Nancy Amoury Combs

University of Pennsylvania Law Review

No abstract provided.


Penn Law Journal: Profiles Oct 2002

Penn Law Journal: Profiles

The Journal

No abstract provided.


A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White Oct 2002

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

All Faculty Scholarship

No abstract provided.


Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson May 2002

Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson

All Faculty Scholarship

The victims' rights movement has come into increasing influence in setting criminal justice policy. What can be said about where its influence should be heeded, and where it should not? With regard to substantive criminal law in particular, should the victims' rights movement have influence over its formulation and adjudication? The short answer, on which I'll elaborate below, is that it ought to have influence over criminal law formulation but not necessarily over criminal law adjudication. It ought to have influence over criminal law formulation because there is great benefit in formulations that track shared lay intuitions of justice, and …


Protection From Protection: Section 1983 And The Ada's Implications For Devising A Race-Conscious Police Misconduct Statute, Thorne Clark May 2002

Protection From Protection: Section 1983 And The Ada's Implications For Devising A Race-Conscious Police Misconduct Statute, Thorne Clark

University of Pennsylvania Law Review

No abstract provided.


Due Process Rights And The Termination Of Consent Decrees Under The Prison Litigation Reform Act, Anne K. Heidel Apr 2002

Due Process Rights And The Termination Of Consent Decrees Under The Prison Litigation Reform Act, Anne K. Heidel

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Dial-In Testimony, Richard D. Friedman, Bridget Mccormack Apr 2002

Dial-In Testimony, Richard D. Friedman, Bridget Mccormack

University of Pennsylvania Law Review

No abstract provided.


Doing Well While Doing Good: Reassessing The Scope Of Directors’ Fiduciary Obligations In For-Profit Corporations With Non-Shareholder Beneficiaries, Lisa Fairfax Mar 2002

Doing Well While Doing Good: Reassessing The Scope Of Directors’ Fiduciary Obligations In For-Profit Corporations With Non-Shareholder Beneficiaries, Lisa Fairfax

All Faculty Scholarship

No abstract provided.


Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky Jan 2002

Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky

University of Pennsylvania Law Review

No abstract provided.


''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin Jan 2002

''Step On A Crack, Break Your Mother's Back'': Poor Moms, Myths Of Authority, And Drug-Related Evictions From Public Housing, Regina Austin

All Faculty Scholarship

No abstract provided.


Uncontrollable Urges And Irrational People, Stephen J. Morse Jan 2002

Uncontrollable Urges And Irrational People, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Enron And The Dark Side Of Shareholder Value, William W. Bratton Jan 2002

Enron And The Dark Side Of Shareholder Value, William W. Bratton

All Faculty Scholarship

No abstract provided.


Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky Jan 2002

Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky

All Faculty Scholarship

No abstract provided.


How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas Jan 2002

How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein Jan 2002

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


Criminal Law Scholarship: Three Illusions, Paul H. Robinson Jan 2002

Criminal Law Scholarship: Three Illusions, Paul H. Robinson

All Faculty Scholarship

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of …