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Full-Text Articles in Law
The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow
The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow
Faculty Scholarship
No abstract provided.
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
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No abstract provided.
Kidnapping: A Modern Definition, John L. Diamond
Kidnapping: A Modern Definition, John L. Diamond
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No abstract provided.
The Insanity Defense In Fact And Fiction: A Review Essay Of Norval Morris's Madness And The Criminal Law, Susan Herman
The Insanity Defense In Fact And Fiction: A Review Essay Of Norval Morris's Madness And The Criminal Law, Susan Herman
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No abstract provided.
A Transaction Theory Of Crime?, George P. Fletcher
A Transaction Theory Of Crime?, George P. Fletcher
Faculty Scholarship
The most difficult questions are foundational. It is no surprise then that one of the most puzzling questions in criminal law frames the whole inquiry: what is the nature of crime? Positivists dispose of the question easily. If the law is whatever the legislature and courts say it is, then crime is whatever these authoritative agencies designate as crime. The question becomes more interesting, however, if we regard crime as a prepositive concept, a concept that exists logically prior to the positive law. It is not that conduct is criminal because the legislature speaks; rather the legislature speaks because conduct …