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Full-Text Articles in Law
When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
When Empathy Bites Back: Cautionary Tales From Neuroscience For Capital Sentencing, Sheri Lynn Johnson, Amelia Courtney Hritz, Caisa Elizabeth Royer, John H. Blume
Cornell Law Faculty Publications
The neuroscience of empathy provides one more reason to believe that the decision to sentence another human being to death is inevitably an arbitrary one, and one that cannot be divorced from either race or caprice. While we can tinker with aspects of capital trials that exacerbate caprice and discrimination stemming from empathy, we cannot alter basic neural responses to the pain of others and therefore cannot rationalize (in either sense of the word) empathic responses.
Decolonising Sex: Fifty Shades Of Rape, Roseline K. Njogu
Decolonising Sex: Fifty Shades Of Rape, Roseline K. Njogu
Southern African Journal of Policy and Development
This article explores how ideas of patriarchy have shaped the nature and effect of rape law. It argues that rape law reinforces patriarchy, and because of the inherent inconsistencies between the male roles of aggressor and protector, it has remained ineffective. Taking Kenya as its springboard, it analyses how ideas of sexual relations within and outside marriage are transplanted through colonialism; and how they morph and merge with analogous indigenous conceptions to entrench and formalise the continued subjugation of the female body. It explores the unintended consequences of the internationalisation of English Monogamy; and rape law reform and its continuity/discontinuity …
The Changing Market For Criminal Law Casebooks, Jens David Ohlin
The Changing Market For Criminal Law Casebooks, Jens David Ohlin
Cornell Law Faculty Publications
In the following Review, I analyze the leading criminal law casebooks on the market and describe the ways in which they do — and do not — respond to the needs of criminal law teachers. At least part of the issue is the changing nature of law teaching — what actually happens in the classroom has changed in the last three decades. Moreover, there may be less uniformity in classroom practice than in the past; in other words, what works in one law school might not work in another, due in part to the changing profile of law students, as …