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Articles 1 - 11 of 11

Full-Text Articles in Law

Gender And Privacy In Cyberspace, Anita L. Allen May 2000

Gender And Privacy In Cyberspace, Anita L. Allen

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No abstract provided.


The Inefficiency Of Mens Rea, Claire Oakes Finkelstein Jan 2000

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

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No abstract provided.


A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang Jan 2000

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

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No abstract provided.


Raising Arizona: Reflections On Sovereignty And The Nature Of The Plaintiff In Federal Suits Against States, Catherine T. Struve Jan 2000

Raising Arizona: Reflections On Sovereignty And The Nature Of The Plaintiff In Federal Suits Against States, Catherine T. Struve

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No abstract provided.


The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank Jan 2000

The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank

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No abstract provided.


Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen Jan 2000

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

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No abstract provided.


Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz Jan 2000

Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz

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No abstract provided.


Positivism And The Notion Of An Offense, Claire Oakes Finkelstein Jan 2000

Positivism And The Notion Of An Offense, Claire Oakes Finkelstein

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While the United States Supreme Court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. The asymmetry between substance and procedure seems natural given the demise of Lochner and the minimalist stance towards due process outside the area of fundamental rights. This Article, however, argues that the "positivistic" approach to defining criminal offenses stands in some tension with other basic principles, both constitutional and moral. In particular, two important constitutional guarantees depend on the notion of an offense: the presumption of innocence and the ban on double jeopardy. Under …


Structuring Criminal Codes To Perform Their Function, Paul H. Robinson Jan 2000

Structuring Criminal Codes To Perform Their Function, Paul H. Robinson

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This paper argues that criminal codes have two distinct functions. First, a code must ex ante announce the rules of conduct. Second, it must set out the principles of for adjudicating, ex post, violations of those rules. These two functions often are in tension with one another. Each calls for a different kind of code, addressed to a different audience, with different objectives: To be effective ex ante, the rules of conduct must be formulated in a way that they will be understood, remembered, and able to be applied in daily life by lay persons with a wide range of …


The Possibility Of A Fair Paretian, Howard F. Chang Jan 2000

The Possibility Of A Fair Paretian, Howard F. Chang

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No abstract provided.


When The Rule Swallows The Exception, Claire Oakes Finkelstein Jan 2000

When The Rule Swallows The Exception, Claire Oakes Finkelstein

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No abstract provided.