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Articles 1 - 30 of 30
Full-Text Articles in Law
Liability For Mass Sexual Abuse, Tsachi Keren-Paz, Richard Wright
Liability For Mass Sexual Abuse, Tsachi Keren-Paz, Richard Wright
All Faculty Scholarship
When harm is caused to victims by multiple injurers, difficult issues arise indetermining causation of, legal responsibility for, and allocation of liability forthose harms. Nowhere is this truer than in child pornography and sex traffickingcases, in which individuals have been victimized over extended periods oftime by hundreds or even many thousands of injurers, with multiple and oftenoverlapping victims of each injurer. Courts (and lawyers) struggle with thesesituations for a simple reason: they insist on applying tests of causation thatfail when the effect was over-determined by multiple conditions. The failure toproperly understand the causation issue has exacerbated failures to properlyunderstand and …
The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown
The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown
All Faculty Scholarship
I have known and been inspired by Henry J. Richardson III and his scholarship for many years. A hallmark of his work has been his focus upon African-American interests in international law and also upon the rights and interests of African states. In acknowledgement of that intellectual debt, it is my honor to dedicate the following article to this festschrift celebrating his life and work.
Sharing Public Safety Helicopters, Henry H. Perritt Jr.
Sharing Public Safety Helicopters, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Sentencing The Why Of White Collar Crime, Todd Haugh
Sentencing The Why Of White Collar Crime, Todd Haugh
All Faculty Scholarship
No abstract provided.
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
All Faculty Scholarship
This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has both positive and negative aspects, and this Article examines the value that more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their personhood, ensuring that they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims’ lives that limitations are needed to prevent the threat of state abuse. These …
Can The Ceo Learn From The Condemned? The Application Of Capital Mitigation Strategies To White Collar Cases, Todd Haugh
Can The Ceo Learn From The Condemned? The Application Of Capital Mitigation Strategies To White Collar Cases, Todd Haugh
All Faculty Scholarship
Ted Kaczynski and Bernie Madoff share much in common. Both are well-educated, extremely intelligent, charismatic figures. Both rose to the height of their chosen professions—mathematics and finance. And both will die in federal prison, Kaczynski for committing a twenty-year mail-bombing spree that killed three people and seriously injured dozens more, and Madoff for committing the largest Ponzi scheme in history, bilking thousands of people out of almost $65 billion. But that last similarity—Kaczynski’s and Madoff’s plight at sentencing—may not have had to be. While Kaczynski’s attorneys tirelessly investigated and argued every aspect of their client’s personal history, mental state, motivations, …
Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey
Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey
All Faculty Scholarship
No abstract provided.
Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey
Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey
All Faculty Scholarship
No abstract provided.
Ethnic Cleansing As Euphemism, Metaphor, Criminology And Law, Todd Haugh
Ethnic Cleansing As Euphemism, Metaphor, Criminology And Law, Todd Haugh
All Faculty Scholarship
No abstract provided.
International Criminal Law: Nature, Origins And A Few Key Issues, Bartram Brown
International Criminal Law: Nature, Origins And A Few Key Issues, Bartram Brown
All Faculty Scholarship
The purpose of international criminal law is to establish the criminal responsibility of individuals for international crimes. Public international law is traditionally focused on the rights and obligations of states, and thus is not particularly well suited to this task. It has adapted through a long and slow historical process, drawing upon multiple sources. Many of the chapters in this Handbook explore to some extent the historical development of international criminal law. I will not attempt to summarize that history in detail, but a few historical observations here will help to explain how international criminal law emerged from its sources …
Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne
Proposal For Drug Offender Stationhouse Deferral Program, Daniel T. Coyne
All Faculty Scholarship
No abstract provided.
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh
All Faculty Scholarship
No abstract provided.
The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey
The Aftermath Of Crawford And Davis: Deconstructing The Sound Of Silence, Kimberly D. Bailey
All Faculty Scholarship
No abstract provided.
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
All Faculty Scholarship
This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …
Depoliticizing Individual Criminal Responsibility, Bartram Brown
Depoliticizing Individual Criminal Responsibility, Bartram Brown
All Faculty Scholarship
No abstract provided.
A Separate Crime Of Reckless Sex, Katharine K. Baker
A Separate Crime Of Reckless Sex, Katharine K. Baker
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This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …
Gender And Emotion In Criminal Law, Katharine K. Baker
Gender And Emotion In Criminal Law, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
Juries, Drug Laws & Sentencing (Symposium), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Dialectics And Domestic Abuse, Katharine K. Baker
Dialectics And Domestic Abuse, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
What Rape Is And What It Ought Not Be, Katharine K. Baker
What Rape Is And What It Ought Not Be, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Sex, Rape And Shame, Katharine K. Baker
Sex, Rape And Shame, Katharine K. Baker
All Faculty Scholarship
This article explores how shame sanctions may be able to change the social meaning and decrease the prevalence of date rape. Arguing that men's tendency to date rape is fostered by social norms that treat sex as an accomplishment and, importantly, an accomplishment that enhances a man's masculinity status, the article suggests that one way to curb date rape is to curb the extent to which it is associated with masculine behavior. This strategy is necessary because the high premium society places on masculinity and the cultural confusion about when date rape is morally wrong and how it is different …
Text, Context And The Problem With Rape, Katharine K. Baker
Text, Context And The Problem With Rape, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Computer Crimes Now On The Books: What Do We Do From Here? (Symposium), Henry H. Perritt Jr.
Computer Crimes Now On The Books: What Do We Do From Here? (Symposium), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent
Should Bouie Be Buoyed? Judicial Retroactive Lawmaking And The Ex Post Facto Clause (Symposium), Harold J. Krent
All Faculty Scholarship
No abstract provided.
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
Once A Rapist? Motivational Evidence And Relevancy In Rape Law, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
A Regime Of Social Death: Criminal Punishment In The Age Of Prisons, Stephen D. Sowle
A Regime Of Social Death: Criminal Punishment In The Age Of Prisons, Stephen D. Sowle
All Faculty Scholarship
No abstract provided.
Foundations Of The Duty To Rescue, Steven J. Heyman
Foundations Of The Duty To Rescue, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Mercy Killing And The Right To Inherit, Jeffrey G. Sherman
Mercy Killing And The Right To Inherit, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Liberalism And The Criminal Law, Richard Warner
Liberalism And The Criminal Law, Richard Warner
All Faculty Scholarship
No abstract provided.
A Uniform Limitations Period For Civil Rico, Elizabeth De Armond
A Uniform Limitations Period For Civil Rico, Elizabeth De Armond
All Faculty Scholarship
No abstract provided.