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Full-Text Articles in Law
Comparative Analysis As An Antidote To Tunnel Vision In Criminal Law Reform: The Example Of Complicity, Luis E. Chiesa
Comparative Analysis As An Antidote To Tunnel Vision In Criminal Law Reform: The Example Of Complicity, Luis E. Chiesa
Journal Articles
In the context of criminal law reform, the tunnel vision that is produced by deeply embedded paradigms or patterns of criminality has the effect of stifling creativity. If left unchecked, the assumptions that serve as the backdrop to our criminal justice system will likely prevent reformers from giving serious consideration to alternatives that are in tension with the dominant patterns of criminality. I will end by arguing that one way of avoiding this outcome is by engaging in the comparative analysis of criminal law. Comparative analysis serves as a kind of “second opinion” that may help criminal law reformers to …
The Songs Of Other Birds, Anya Bernstein
The Songs Of Other Birds, Anya Bernstein
Contributions to Books
Published as Chapter 14 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song, Mary Nell Trautner, ed..
In this essay, written for a volume that re-engages with David Engel's classic article, The Oven Bird's Song, I consider how we decide how to situate what we encounter in our research. Comparing the findings of my own research in Taipei with Engel's work in Thailand and America, I ask how we can decide to give different interpretations of seemingly similar social phenomena -- specifically, our interlocutors' evident distaste for invoking the law.
Although many of my interlocutors in Taiwan expressed …
Environmental Principles In U.S. And Canadian Law, Errol E. Meidinger, Daniel Spitzer, Charles Malcomb
Environmental Principles In U.S. And Canadian Law, Errol E. Meidinger, Daniel Spitzer, Charles Malcomb
Contributions to Books
Published as Chapter 29 in Principles of Environmental Law, Ludwig Krämer & Emanuela Orlando, eds.