Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Politics (2)
- Race Relations (2)
- Social Science and the Law (2)
- Case length (1)
- Civil Procedure (1)
-
- Civil rights (1)
- Comparative Law (1)
- Courts (1)
- Crime victims (1)
- Criminal Sentencing (1)
- Criminal sentences (1)
- Deterrence (1)
- Discount rate (1)
- Distributive justice (1)
- Equal Rights Amendment (1)
- Feminist constitutionalism (1)
- Gender equality (1)
- Health Law and Policy (1)
- Incapacitation (1)
- Infinite future (1)
- International criminal law (1)
- Japanese Law (1)
- Law and society (1)
- Legal History (1)
- Legal and political history (1)
- Non-identity problem (1)
- Pace (1)
- Population ethics (1)
- Practice and Procedure (1)
- Prioritarianism (1)
Articles 1 - 9 of 9
Full-Text Articles in Arts and Humanities
Future Generations: A Prioritarian View, Matthew D. Adler
Future Generations: A Prioritarian View, Matthew D. Adler
All Faculty Scholarship
Should we remain neutral between our interests and those of future generations? Or are we ethically permitted or even required to depart from neutrality and engage in some measure of intergenerational discounting? This Article addresses the problem of intergenerational discounting by drawing on two different intellectual traditions: the social welfare function (“SWF”) tradition in welfare economics, and scholarship on “prioritarianism” in moral philosophy. Unlike utilitarians, prioritarians are sensitive to the distribution of well-being. They give greater weight to well-being changes affecting worse-off individuals. Prioritarianism can be captured, formally, through an SWF which sums a concave transformation of individual utility, rather …
Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee
Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Book Review (Risa L. Goluboff's The Lost Promise Of Civil Rights), Sophia Z. Lee
Book Review (Risa L. Goluboff's The Lost Promise Of Civil Rights), Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Time Out, Stephen B. Burbank
Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller
Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller
All Faculty Scholarship
No abstract provided.
Restoration But Also More Justice, Stephanos Bibas
Restoration But Also More Justice, Stephanos Bibas
All Faculty Scholarship
This short essay replies to Erik Luna's endorsement of restorative justice. He is right that the goal of healing victims, defendants, and their families is important but all too often neglected by substantive criminal law and procedure, which is far too state-centered and impersonal. The problem with restorative justice is that too often it seeks to sweep away punishment as barbaric and downplays the need for deterrence and incapacitation as well. In short, restorative justice deserves more of a role in American criminal justice. Shorn of its political baggage and reflexive hostility to punishment, restorative justice has much to teach …
Law, Society, And Medical Malpractice Litigation In Japan, Eric Feldman
Law, Society, And Medical Malpractice Litigation In Japan, Eric Feldman
All Faculty Scholarship
No abstract provided.
The Pace Of International Criminal Justice, Jean Galbraith
The Pace Of International Criminal Justice, Jean Galbraith
All Faculty Scholarship
This article examines how long international criminal cases take in practice. It considers the cases of all 305 individuals charged at six international and hybrid criminal tribunals (as of shortly before this article's publication). Contrary to the conventional wisdom, on average today’s international criminal cases do not take much longer than comparably complex domestic criminal cases, once the defendants are in custody. Nonetheless, international criminal cases may take too long to achieve the goal of helping to reconcile the affected communities – particularly where a community has abruptly transitioned from an abusive old regime to an entirely new one. Where …
A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri
A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri
All Faculty Scholarship
Scholars have largely treated the reintroduction of the Equal Rights Amendment (ERA) after its ratification failure in 1982 as a mere postscript to a long, hard-fought, and ultimately unsuccessful campaign to enshrine women’s legal equality in the federal constitution. This Article argues that “ERA II” was instead an important turning point in the history of legal feminism and of constitutional amendment advocacy. Whereas ERA I had once attracted broad bipartisan support, ERA II was a partisan political weapon exploited by advocates at both ends of the ideological spectrum. But ERA II also became a vehicle for feminist reinvention. Congressional consideration …