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Articles 1 - 30 of 40
Full-Text Articles in Law
Freedom Of Speech And True Threats, Jennifer E. Rothman
Freedom Of Speech And True Threats, Jennifer E. Rothman
All Faculty Scholarship
This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.
Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.
The law surrounding threats has gained recent …
Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White
Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White
All Faculty Scholarship
No abstract provided.
The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith
The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith
All Faculty Scholarship
Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the "ex ante" function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states …
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
All Faculty Scholarship
No abstract provided.
Punishing Dangerousness: Cloaking Preventive Detention As Criminal Justice, Paul H. Robinson
Punishing Dangerousness: Cloaking Preventive Detention As Criminal Justice, Paul H. Robinson
All Faculty Scholarship
Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator" statutes provide …
Two Observations On Holocaust Claims, William W. Bratton
Two Observations On Holocaust Claims, William W. Bratton
All Faculty Scholarship
No abstract provided.
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi
All Faculty Scholarship
No abstract provided.
Conflicting Rights And The Outbreak Of The First World War, Leo Katz
Conflicting Rights And The Outbreak Of The First World War, Leo Katz
All Faculty Scholarship
No abstract provided.
Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts
Kinship Care And The Price Of State Support For Children, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Norms & Corporate Law: Introduction, Edward B. Rock, Michael L. Wachter
Norms & Corporate Law: Introduction, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
Judicial Fact-Finding And Sentence Enhancements In A World Of Guilty Pleas, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky
Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky
All Faculty Scholarship
No abstract provided.
Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein
Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi
Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi
All Faculty Scholarship
No abstract provided.
The Lawyer As Confidence-Man, David A. Skeel Jr.
The Lawyer As Confidence-Man, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
What's So Special About American Law?, William Ewald
What's So Special About American Law?, William Ewald
All Faculty Scholarship
No abstract provided.
A Reciprocal Welfare Program, Amy L. Wax
A Reciprocal Welfare Program, Amy L. Wax
All Faculty Scholarship
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 …
Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts
Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
All Faculty Scholarship
No abstract provided.
State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman
State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
"A Common Fate Of Discrimination": Race-Gender Analogies In Legal And Historical Perspective, Serena Mayeri
All Faculty Scholarship
No abstract provided.
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
All Faculty Scholarship
No abstract provided.
On Trademarks, Domain Names, And Internal Auctions, Gideon Parchomovsky
On Trademarks, Domain Names, And Internal Auctions, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.
Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch
Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts
Poverty, Welfare Reform, And The Meaning Of Disability, Jennifer Pokempner, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese
Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese
All Faculty Scholarship
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, …
On Insider Trading, Markets, And "Negative" Property Rights In Information, Zohar Goshen, Gideon Parchomovsky
On Insider Trading, Markets, And "Negative" Property Rights In Information, Zohar Goshen, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.
Crime, Punishment And Prevention, Paul H. Robinson
Crime, Punishment And Prevention, Paul H. Robinson
All Faculty Scholarship
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. …
Opaque Recklessness, Kimberly Kessler Ferzan
Opaque Recklessness, Kimberly Kessler Ferzan
All Faculty Scholarship
No abstract provided.