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Full-Text Articles in Jurisprudence
Thinking With Wolves: Left Legal Theory After The Right's Rise (Review Essay), Martha T. Mccluskey
Thinking With Wolves: Left Legal Theory After The Right's Rise (Review Essay), Martha T. Mccluskey
Book Reviews
Reviewing Wendy Brown & Janet Halley, Left Legalism/Left Critique (2001).
Left legal theory is in crisis. This crisis reflects a broader problem of contemporary U.S. politics: the lack of grand ideas capable of mobilizing meaningful opposition to the triumph of the political right. Right-wing legal theory has contributed to that dramatic political change by promoting ideas questioning the foundations of the twentieth century liberal welfare and regulatory state.
This review essay analyzes a rare recent attempt to revive left legal theory in the face of the right's triumph: the anthology Left Legalism/Left Critique edited by Wendy Brown and Janet Halley …
Forgiveness In Criminal Procedure, Stephanos Bibas
Forgiveness In Criminal Procedure, Stephanos Bibas
All Faculty Scholarship
Though forgiveness and mercy matter greatly in social life, they play fairly small roles in criminal procedure. Criminal procedure is dominated by the state, whose interests in deterring, incapacitating, and inflicting retribution leave little room for mercy. An alternative system, however, would focus more on the needs of human participants. Victim-offender mediation, sentencing discounts, and other mechanisms could encourage offenders to express remorse, victims to forgive, and communities to reintegrate and employ offenders. All of these actors could then better heal, reconcile, and get on with their lives. Forgiveness and mercy are not panaceas: not all offenders and victims would …
Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.
Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, Jill E. Fisch
Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick
The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick
All Faculty Scholarship
No abstract provided.