Law Commons^™

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer

All Faculty Scholarship

Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.

The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during …

The Bomb Thief And The Theory Of Justification, Paul H. Robinson

All Faculty Scholarship

No abstract provided.

Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson

All Faculty Scholarship

No abstract provided.

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

All Faculty Scholarship

No abstract provided.

Immaturity And Irresponsibility, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Fair Use, Efficiency, And Corrective Justice, Gideon Parchomovsky

All Faculty Scholarship

No abstract provided.

Two Models Of Legal Principles, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

The Utility Of Desert, Paul H. Robinson, John M. Darley

All Faculty Scholarship

The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …

Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang

All Faculty Scholarship

No abstract provided.

The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.