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Building A Law-Abiding Society: Taking Public Views About Morality And The Legitimacy Of Legal Authorities Into Account When Formulating Substantive Law, Tom R. Tyler, John M. Darley Jan 2000

Building A Law-Abiding Society: Taking Public Views About Morality And The Legitimacy Of Legal Authorities Into Account When Formulating Substantive Law, Tom R. Tyler, John M. Darley

Hofstra Law Review

No abstract provided.


The Perils Of Public Opinion, Deborah W. Denno Jan 2000

The Perils Of Public Opinion, Deborah W. Denno

Hofstra Law Review

This article discusses the significance of Paul Robinson’s and John Darley’s book, Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”), and why the book is an excellent springboard for further research comparing community standards and legal codes. However, contrary to Justice’s conclusions, this article particularly emphasizes the perils of incorporating public opinion into the law based upon three major sources: (1) this article's own study of national and New Jersey demographic and political affiliation data, (2) the results presented in Justice, and (3) the results of public opinion research.

This article suggests that public opinion research may …


Victims Of Abuse And Discrimination: Protecting Battered Homosexuals Under Domestic Violence Legislation, Pamela M. Jablow Jan 2000

Victims Of Abuse And Discrimination: Protecting Battered Homosexuals Under Domestic Violence Legislation, Pamela M. Jablow

Hofstra Law Review

No abstract provided.


The Relevance Of Community Values To Just Deserts: Criminal Law, Punishment Rationales, And Democracy, Kenneth W. Simons Jan 2000

The Relevance Of Community Values To Just Deserts: Criminal Law, Punishment Rationales, And Democracy, Kenneth W. Simons

Hofstra Law Review

No abstract provided.


Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson Jan 2000

Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson

Hofstra Law Review

Part I of this Article summarizes the arguments as to why lay intuitions of justice are important for criminal law rule-makers. Part II sketches the challenges at reliably determining those intuitions and describes methodology worked out to meet those challenges. Part III looks briefly at one simple study to illustrate the methodology, which has been used on a wide variety of issues, as described in Part IV.


Commonsense Justice, Culpability, And Punishment, Norman J. Finkel Jan 2000

Commonsense Justice, Culpability, And Punishment, Norman J. Finkel

Hofstra Law Review

No abstract provided.


Foreword: Is Justice Just Us?, Christopher Slobogin Jan 2000

Foreword: Is Justice Just Us?, Christopher Slobogin

Hofstra Law Review

No abstract provided.


Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith Jan 2000

Defending Defending: The Case For Unmitigated Zeal On Behalf Of People Who Do Terrible Things, Abbe Smith

Hofstra Law Review

No abstract provided.


Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett Jan 2000

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Hofstra Law Review

In her article Prof. Bartlett focuses on race and sex, not where they cross, but what they look like side by side using child custody as a starting point for a more detailed assessment of the similarities and differences between sex and race discrimination. The author focuses on the operation of, and attempts to eliminate, race and sex discrimination in child custody law, using a methodology of moving back and forth between examples of race discrimination and sex discrimination, showing how looking at one in relation to the other contributes to a better understanding of both.