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Full-Text Articles in Law
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 …
The Wrongs Of Victim's Rights, Lynne N. Henderson
The Wrongs Of Victim's Rights, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Law Faculty Scholarly Articles
Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.