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Full-Text Articles in Law
Can Retributivism Be Saved?, Chad Flanders
Can Retributivism Be Saved?, Chad Flanders
BYU Law Review
Retributive theory has long held pride of place among theories of criminal punishment in both philosophy and in law. It has seemed, at various times, either much more intuitive, or rationally persuasive, or simply more normatively right than other theories. But retributive theory is limited, both in theory and practice, and in many of its versions is best conceived not as a theory of punishment in its own right, but instead as shorthand for a set of constraints on the exercise of punishment. Whether some version of retributive theory is a live possibility in the contemporary world remains very much …
Creating Crimmigration, César Cuahtémoc García Hernández
Creating Crimmigration, César Cuahtémoc García Hernández
BYU Law Review
No abstract provided.
Trans-Substantivity And The Processes Of American Law, David Marcus
Trans-Substantivity And The Processes Of American Law, David Marcus
BYU Law Review
The term “trans-substantive” refers to doctrine that, in form and manner of application, does not vary from one substantive context to the next. Trans-substantivity has long influenced the design of the law of civil procedure, and whether the principle should continue to do so has prompted a lot of debate among scholars. But this focus on civil procedure is too narrow. Doctrines that regulate all the processes of American law, from civil litigation to public administration, often hew to a trans-substantive norm. This Article draws upon administrative law, the doctrine of statutory interpretation, and the law of civil procedure to …
What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters
What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters
BYU Law Review
No abstract provided.