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Law

Vanderbilt University Law School

2010

Criminal law

Articles 1 - 4 of 4

Full-Text Articles in Law

Constitutionality Of Cyberbullying Laws: Keeping The Online Playground Safe For Both Teens And Free Speech, Alison V. King Apr 2010

Constitutionality Of Cyberbullying Laws: Keeping The Online Playground Safe For Both Teens And Free Speech, Alison V. King

Vanderbilt Law Review

The Internet is a blessing and a curse. Along with the manifold benefits the Internet provides-electronic research, instantaneous news, social networking, online shopping, to name a few-comes a host of dangers: online harassment and cyberbullying, hacking, voyeurism, identity theft, phishing, and perhaps still more perils that have yet to appear. The Internet creates a virtual world that can result in very real consequences for people's lives. This creates a challenge for parents, schools, and policymakers attempting to keep pace with rapidly developing technologies and to provide adequate protections for children. The even greater challenge, however, is to balance these vital …


Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres Jan 2010

Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres

Vanderbilt Journal of Transnational Law

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention--the ultimate goal--and addressing these problems in a comprehensive and systematic manner. Instead, efforts to date have …


Intuitions Of Punishment, Owen D. Jones, Robert Kurzban Jan 2010

Intuitions Of Punishment, Owen D. Jones, Robert Kurzban

Vanderbilt Law School Faculty Publications

Recent work reveals, contrary to wide-spread assumptions, remarkably high levels of agreement about how to rank order, by blameworthiness, wrongs that involve physical harms, takings of property, or deception in exchanges. In The Origins of Shared Intuitions of Justice (http://ssrn.com/abstract=952726) we proposed a new explanation for these unexpectedly high levels of agreement.

Elsewhere in this issue, Professors Braman, Kahan, and Hoffman offer a critique of our views, to which we reply here. Our reply clarifies a number of important issues, such as the interconnected roles that culture, variation, and evolutionary processes play in generating intuitions of punishment.


Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban Jan 2010

Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Vanderbilt Law School Faculty Publications

Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our articles: Concordance and Conflict in Intuitions of Justice (http://ssrn.com/abstract=932067), The Origins of Shared Intuitions of Justice (http://ssrn.com/abstract=952726), and Intuitions of Justice: Implications for Criminal Law and Justice Policy (http://ssrn.com/abstract=976026). Our reply, here, follows their article in that coming issue.

As we demonstrate, they have misunderstood our views on, and thus the implications of, widespread agreement about punishing the "core" of wrongdoing. Although much of their …