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Full-Text Articles in Law
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
O. Carter Snead
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
Violence On The Brain: A Critique Of Neuroscience In Criminal Law, Amanda C. Pustilnik
Violence On The Brain: A Critique Of Neuroscience In Criminal Law, Amanda C. Pustilnik
Amanda C Pustilnik
Is there such a thing as a criminally "violent brain"? Does it make sense to speak of "the neurobiology of violence" or the "psychopathology of crime"? Is it possible to answer on a physiological level what makes one person engage in criminal violence and another not, under similar circumstances? This Article first demonstrates parallels between certain current claims about the neurobiology of criminal violence and past movements that were concerned with the law and neuroscience of violence: phrenology, Lombrosian biological criminology, and lobotomy. It then engages in a substantive review and critique of several current claims about the neurological bases …
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
The Construction Of Responsibility In The Criminal Law, Richard C. Boldt
Richard C. Boldt
No abstract provided.
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Restitution, Criminal Law, And The Ideology Of Individuality, Richard C. Boldt
Richard C. Boldt
No abstract provided.
When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi
When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.
Executing The Factually Innocent: The U.S. Constitution, Habeus Corpus, And The Death Penalty: Facing The Embarrassing Question At Last, Charles I. Lugosi
Executing The Factually Innocent: The U.S. Constitution, Habeus Corpus, And The Death Penalty: Facing The Embarrassing Question At Last, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.
Reflections From Embassy Lakes, Florida: The Effective Teaching Of Criminal Law, Charles I. Lugosi
Reflections From Embassy Lakes, Florida: The Effective Teaching Of Criminal Law, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.
Punishing The Factually Innocent: Dna, Habeas Corpus And Justice, Charles I. Lugosi
Punishing The Factually Innocent: Dna, Habeas Corpus And Justice, Charles I. Lugosi
Charles I. Lugosi
No abstract provided.