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Crime, Punishment And Prevention, Paul H. Robinson Jan 2001

Crime, Punishment And Prevention, Paul H. Robinson

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The criminal justice system has traditionally been seen as in the business of doing justice: punishing offenders for crimes committed. Yet, the past decade has brought a shift from punishing past crimes to preventing future crimes through the incarceration and control of dangerous offenders. Habitual offender statutes, like "three strikes" laws, sentence repeat offenders to life imprisonment. Jurisdictional reforms lower the age at which juveniles may be tried as adults, inc reasing th e available terms of imprisonment beyond those of juvenile court. Gang membership and recruitment are criminalized. "Megan's Law" statutes require community notification of a convicted sex offender. …

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Coercion Without Baselines: Unconstitutional Conditions In Three Dimensions, Mitchell N. Berman Jan 2001

Coercion Without Baselines: Unconstitutional Conditions In Three Dimensions, Mitchell N. Berman

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No abstract provided.

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Norms & Corporate Law: Introduction, Edward B. Rock, Michael L. Wachter Jan 2001

Norms & Corporate Law: Introduction, Edward B. Rock, Michael L. Wachter

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No abstract provided.

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Islands Of Conscious Power: Law, Norms, And The Self-Governing Corporation, Edward B. Rock, Michael L. Wachter Jan 2001

Islands Of Conscious Power: Law, Norms, And The Self-Governing Corporation, Edward B. Rock, Michael L. Wachter

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No abstract provided.

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A Reciprocal Welfare Program, Amy L. Wax Jan 2001

A Reciprocal Welfare Program, Amy L. Wax

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This paper examines how social welfare programs should be structured to comport with the principle of conditional reciprocity. A previous paper, Rethinking Welfare Rights, 63 Law & Contemporary Problems 257 (Winter/Spring 2000), drew upon voter survey data to suggest that a powerful cluster of attitudes governs citizens' views on social redistribution. Most people accept collective responsibility for the poor but adhere to a moralistic distinction between deserving and undeserving recipients of public aid. They view entitlement to group resources as conditional on each person's reasonable effort, consistent with ability, to support himself and his family. It was speculated that the …

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Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts Jan 2001

Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts

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No abstract provided.

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Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese Jan 2001

Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese

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For many years, advocates of negotiated rulemaking have advanced enthusiastic claims about how negotiated rulemaking would reduce litigation and shorten the rulemaking process. In an earlier study, I tested these claims systematically by assessing the effectiveness of negotiated rulemaking against existing rulemaking processes. I found that negotiated rulemaking neither saves time nor reduces litigation. Recently, Philip Harter, a longtime advocate of negotiated rulemaking, has criticized my study and asserted that negotiated rulemaking has succeeded remarkably in achieving its goals. Harter criticized the way I measured the length of the rulemaking process, claimed that I failed to appreciate differences in litigation, …

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Two Men On A Plank, Claire Oakes Finkelstein Jan 2001

Two Men On A Plank, Claire Oakes Finkelstein

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Can two individuals, each of whom needs a certain resource for his survival, have equal and conflicting rights to that resource? If so, is each entitled to try to exclude the other from its use? An old chestnut of moral and legal philosophy raises the problem. Following a shipwreck, two men converge simultaneously on a plank floating in the sea. There is no other plank available and no immediate hope of rescue. Unfortunately the plank can support only one; it sinks if two try to cling to it. Is it permissible for each to attempt to secure his own survival …

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Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein Jan 2001