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Articles 1 - 30 of 31
Full-Text Articles in Entire DC Network
When Batson Met Grutter Exploring The Ramifications Of The Supreme Court's Diversity Pronouncements Within The Computerized Jury Selection Paradigm, Robert A. Caplen
When Batson Met Grutter Exploring The Ramifications Of The Supreme Court's Diversity Pronouncements Within The Computerized Jury Selection Paradigm, Robert A. Caplen
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Mystery Of Mitigation: What Jurors Need To Make A Reasoned Moral Responses In Capital Sentencing, Russell Stetler
The Mystery Of Mitigation: What Jurors Need To Make A Reasoned Moral Responses In Capital Sentencing, Russell Stetler
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
The Origins Of Shared Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban, Owen D. Jones
The Origins Of Shared Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban, Owen D. Jones
All Faculty Scholarship
Contrary to the common wisdom among criminal law scholars, the empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself – physical aggression, takings without consent, and deception in transactions – the shared intuitions are stunningly consistent, across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result? The authors theorize that one explanation may be an evolved predisposition toward …
International Consensus As Persuasive Authority In The Eighth Amendment, Youngjae Lee
International Consensus As Persuasive Authority In The Eighth Amendment, Youngjae Lee
University of Pennsylvania Law Review
No abstract provided.
The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon
The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon
All Faculty Scholarship
One of the most challenging problems in legal scholarship is the measurement of attorney ability. Measuring attorney ability presents inherent challenges because the nonrandom pairing of attorney and client in most cases makes it difficult, if not impossible, to distinguish between attorney ability and case selection. Las Vegas felony case data, provided by the Clark County Office of the Public Defender in Nevada, offer a unique opportunity to compare attorney performance. The office assigns its incoming felony cases randomly among its pool of attorneys, thereby creating a natural experiment free from selection bias. We find substantial heterogeneity in attorney performance …
The American Model Penal Code: A Brief Overview, Paul H. Robinson, Markus D. Dubber
The American Model Penal Code: A Brief Overview, Paul H. Robinson, Markus D. Dubber
All Faculty Scholarship
If there can be said to be an "American criminal code," the Model Penal Code is it. Nonetheless, there remains an enormous diversity among the fifty-two American penal codes, including some that have never adopted a modern code format or structure. Yet, even within the minority of states without a modern code, the Model Penal Code has great influence, as courts regularly rely upon it to fashion the law that the state's criminal code fails to provide. In this essay we provide a brief introduction to this historic document, its history and its content. Available for download at http://ssrn.com/abstract=661165
The Ada's Failure To Protect Drug Addicted Employees Who Want To Seek Help And Rehabilitation, Samantha A. Hill
The Ada's Failure To Protect Drug Addicted Employees Who Want To Seek Help And Rehabilitation, Samantha A. Hill
University of Pennsylvania Journal of Business Law
No abstract provided.
Concordance & Conflict In Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban
Concordance & Conflict In Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban
All Faculty Scholarship
The common wisdom among criminal law theorists and policy makers is that the notion of desert is vague and the subject to wide disagreement. Yet the empirical evidence in available studies, including new studies reported here, paints a dramatically different picture. While moral philosophers may disagree on some aspects of moral blameworthiness, people's intuitions of justice are commonly specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself – physical aggression, takings without consent, and deception in transactions – people's shared intuitions cut across demographics and cultures. The findings raise …
Of Neocolonialism, Common Law And Uncodifiable Shari’A: A Reply To Professor An-Na’Im, Paul H. Robinson, Adnan Zulfiqar
Of Neocolonialism, Common Law And Uncodifiable Shari’A: A Reply To Professor An-Na’Im, Paul H. Robinson, Adnan Zulfiqar
All Faculty Scholarship
In an earlier article -- Robinson et al., Codifying Shari'a: International Norms, Legality & the Freedom to Invent New Forms, http://ssrn.com/abstract=941443 -- the authors report the challenges and opportunities that arose during their commission by the United Nations Development Programme and the Government of the Maldives to produce the first modern comprehensive criminal code based upon Shari'a. In this brief essay they respond to published criticisms of that project, which asserted, among other things, that Shari'a cannot be codified, that it should not be codified, that the project was a shameful exercise in neocolonialism, that the project was an act …
Article 1, Section 4 Of The Constitution, The Voting Rights Act, And Restoration Of The Congressional Portion Of The Election Ballot: The Final Frontier Of Felon Disenfrachisement Jurisprudence?, Daniel M. Katz
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Redefining A Final Act: The Fourteenth Amendment And States' Obligation To Precent Death Row Inmates From Volunteering To Be Put To Death, Kristen M. Dama
Redefining A Final Act: The Fourteenth Amendment And States' Obligation To Precent Death Row Inmates From Volunteering To Be Put To Death, Kristen M. Dama
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
The Role Of Moral Philosophers In The Competition Between Deontological And Empirical Desert, Paul H. Robinson
The Role Of Moral Philosophers In The Competition Between Deontological And Empirical Desert, Paul H. Robinson
All Faculty Scholarship
Desert appears to be in ascendence as a distributive principle for criminal liability and punishment but there is confusion as to whether it is a deontological or an empirical conception of desert that is or should be promoted. Each offers a distinct advantage over the other. Deontological desert can transcend community, situation, and time to give a conception of justice that can be relied upon to reveal errors in popular notions of justice. On the other hand, empirical desert can be more easily operationalized than can deontological desert because, contrary to common wisdom, there is a good deal of agreement …
Penn Law Journal: Answering The Sos
The Non-Problem Of Free Will In Forensic Psychiatry And Psychology, Stephen J. Morse
The Non-Problem Of Free Will In Forensic Psychiatry And Psychology, Stephen J. Morse
All Faculty Scholarship
This article demonstrates that there is no free will problem in forensic psychiatry by showing that free will or its lack is not a criterion for any legal doctrine and it is not an underlying general foundation for legal responsibility doctrines and practices. There is a genuine metaphysical free will problem, but the article explains why it is not relevant to forensic practice. Forensic practitioners are urged to avoid all usage of free will in their forensic thinking and work product because it is irrelevant and spawns confusion.
Law, Culture, And Conflict: Dispute Resolution In Postwar Japan, Eric Feldman
Law, Culture, And Conflict: Dispute Resolution In Postwar Japan, Eric Feldman
All Faculty Scholarship
The 1963 publication of Takeyoshi Kawashima’s “Dispute Resolution in Contemporary Japan” has indelibly influenced the study of law and conflict in postwar Japan. A mere nineteen text pages of Arthur Taylor von Mehren’s seven hundred–page volume, Law in Japan: The Legal Order in a Changing Society, Kawashima’s observations about the infrequency of litigation in Japan, and his emphasis on the sociocultural context of conflict, continue to resonate. As a noted scholar of Japanese law has succinctly written, “Virtually every scholarly work [about Japanese law] in the last thirty-five years has been framed in some way or another by the conceptual …
The Constitutional Implications Of Bathroom Access Based On Gender Identity: An Examination Of Recent Developments Paving The Way For The Next Frontier Of Equal Protection, Diana Elkind
University of Pennsylvania Journal of Constitutional Law
No abstract provided.
Human Rights And The Rule Of Law In China, Jerome A. Cohen
Human Rights And The Rule Of Law In China, Jerome A. Cohen
East Asia Law Review
No abstract available for this article.
The Right To A Fair Trial In China: The Criminal Procedure Law Of 1996, Amanda Whitfort
The Right To A Fair Trial In China: The Criminal Procedure Law Of 1996, Amanda Whitfort
East Asia Law Review
Over a decade ago, the promulgation of the 1996 Criminal Procedure Law drastically improved the criminal justice system in China by introducing some key rights and procedural safeguards for criminal defendants. Unfortunately, in practice many of the rights introduced lacked real substance. The reforms were intended to introduce aspects of the adversarial system of justice to the historically inquisitorial system, however the safeguards introduced lacked the necessary guarantees to ensure compliance and the right to a fair trial is still far from a reality for China's criminal defendants.
Realizing Justice: The Development Of Fair Trial Rights In China, Jennifer Smith, Michael Gompers
Realizing Justice: The Development Of Fair Trial Rights In China, Jennifer Smith, Michael Gompers
East Asia Law Review
No abstract available for this article.
American Buffalo: Vanishing Acquittals And The Gradual Extinction Of The Federal Criminal Trial Lawyer, Frank O. Bowman Iii
American Buffalo: Vanishing Acquittals And The Gradual Extinction Of The Federal Criminal Trial Lawyer, Frank O. Bowman Iii
University of Pennsylvania Law Review Online
No abstract provided.
Rejecting "Uncontrolled Authority Over The Body": The Decencies Of Civilized Conduct, The Past And The Future Of Unenumerated Rights, Seth F. Kreimer
Rejecting "Uncontrolled Authority Over The Body": The Decencies Of Civilized Conduct, The Past And The Future Of Unenumerated Rights, Seth F. Kreimer
University of Pennsylvania Journal of Constitutional Law
When Roe v. Wade was decided, many constitutional scholars viewed it as a unique event, an aberrant invocation of unenumerated rights forged under the twin pressures of an occluded legislative process and women's urgent demands for reproductive autonomy. Three decades later, this critique is a less persuasive reading of the constitutional landscape. A generation of constitutional development and a broader view of the sweep of constitutional history situates Roe as part of a pattern of decisions protecting the bodies of "we the people" against the violence and control of the state. The pattern does not appear clearly in most constitutional …
Forgiveness In Criminal Procedure, Stephanos Bibas
Forgiveness In Criminal Procedure, Stephanos Bibas
All Faculty Scholarship
Though forgiveness and mercy matter greatly in social life, they play fairly small roles in criminal procedure. Criminal procedure is dominated by the state, whose interests in deterring, incapacitating, and inflicting retribution leave little room for mercy. An alternative system, however, would focus more on the needs of human participants. Victim-offender mediation, sentencing discounts, and other mechanisms could encourage offenders to express remorse, victims to forgive, and communities to reintegrate and employ offenders. All of these actors could then better heal, reconcile, and get on with their lives. Forgiveness and mercy are not panaceas: not all offenders and victims would …
Litigating Civil Rights Cases To Reform Racially Biased Criminal Justice Practices, David Rudovsky
Litigating Civil Rights Cases To Reform Racially Biased Criminal Justice Practices, David Rudovsky
All Faculty Scholarship
No abstract provided.
Chief Justice Rehnquist's Appointments To The Fisa Court: An Empirical Perspective, Theodore Ruger
Chief Justice Rehnquist's Appointments To The Fisa Court: An Empirical Perspective, Theodore Ruger
All Faculty Scholarship
No abstract provided.
Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, Jill E. Fisch
Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Criminal Responsibility And The Disappearing Person, Stephen J. Morse
Criminal Responsibility And The Disappearing Person, Stephen J. Morse
All Faculty Scholarship
A contribution to a symposium on George Fletcher, The Grammar of Criminal Law: American, Comparative, International (Oxford 2007).
On The Moral Structure Of White-Collar Crime, Mitchell N. Berman
On The Moral Structure Of White-Collar Crime, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Intuitions Of Justice: Implications For Criminal Law And Justice Policy, Paul H. Robinson, John M. Darley
Intuitions Of Justice: Implications For Criminal Law And Justice Policy, Paul H. Robinson, John M. Darley
All Faculty Scholarship
Recent social science research suggests that many if not most judgements about criminal liability and punishment for serious wrongdoing are intuitional rather than reasoned. Further, such intuitions of justice are nuanced and widely shared, even though they concern matters that seem quite complex and subjective. While people may debate the source of these intuitions, it seems clear that, whatever their source, it must be one that is insulated from the influence of much of human experience because, if it were not, one would see differences in intuitions reflecting the vast differences in human existence across demographics and societies. This article …
Docketology, District Courts And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey Lidicker
Docketology, District Courts And Doctrine, David A. Hoffman, Alan J. Izenman, Jeffrey Lidicker
All Faculty Scholarship
Empirical legal scholars have traditionally modeled trial court judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases. Support for this hypothesis has reviewed published trial court opinions, finding that civil rights and other "hot" topics are more likely to be explained than purportedly ordinary legal problems involved in resolving social security and commercial law cases. This orthodoxy comforts consumers of legal opinions, because it suggests that they are largely representative of judicial work. To test such views, we collected data from a thousand cases in four different jurisdictions. …
What's Good About Trials?, Michael M. O'Hear
What's Good About Trials?, Michael M. O'Hear
University of Pennsylvania Law Review Online
No abstract provided.