Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Blame (1)
- Bobbs-Merrill (1)
- Competence (1)
- Constitutional law (1)
- Construction (1)
-
- Copyright infringement (1)
- Criminal procedure (1)
- Delling v. Idaho (1)
- Democracy (1)
- Dynamic statutory interpretation (1)
- Equity of the statute (1)
- Fairness (1)
- Fifth Amendment (1)
- Folsom (1)
- Grokster (1)
- Intellectual property (1)
- Jurisprudence (1)
- Kalem (1)
- Kirtsaeng (1)
- Legislation (1)
- Legisprudence (1)
- Liberal religion (1)
- Mental disorder (1)
- Moral imperatives (1)
- Morality (1)
- Patent law (1)
- Precedent (1)
- Punishment (1)
- Quality King (1)
- Religion (1)
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
The Reality Of Moral Imperatives In Liberal Religion, Howard Lesnick
The Reality Of Moral Imperatives In Liberal Religion, Howard Lesnick
All Faculty Scholarship
This paper uses a classic one-liner attributed to Dostoyoevski’s Ivan Karamozov, "Without God everything is permitted," to explore some differences between what I term traditional and liberal religion. The expansive connotations and implications of Ivan’s words are grounded in the historic association of wrongfulness and punishment, and in a reaction against the late modern challenge to the inexorability of that association, whether in liberal religion or in secular moral thought. The paper argues that, with its full import understood, Ivan’s claim begs critical questions of the meaning and source of compulsion and choice, and of knowledge and belief regarding the …
Abolition Of The Insanity Defense Violates Due Process, Stephen J. Morse, Richard J. Bonnie
Abolition Of The Insanity Defense Violates Due Process, Stephen J. Morse, Richard J. Bonnie
All Faculty Scholarship
This article, which is based on and expands on an amicus brief the authors submitted to the United States Supreme Court, first provides the moral argument in favor of the insanity defense. It considers and rejects the most important moral counterargument and suggests that jurisdictions have considerable leeway in deciding what test best meets their legal and moral policies. The article then discusses why the two primary alternatives to the insanity defense, the negation of mens rea and considering mental disorder at sentencing, are insufficient to achieve the goal of responding justly to severely mentally disordered offenders. The last section …
The Impact Of Codification On The Judicial Development Of Copyright, Christopher S. Yoo
The Impact Of Codification On The Judicial Development Of Copyright, Christopher S. Yoo
All Faculty Scholarship
Despite the Supreme Court’s rejection of common law copyright in Wheaton v. Peters and the more specific codification by the Copyright Act of 1976, courts have continued to play an active role in determining the scope of copyright. Four areas of continuing judicial innovation include fair use, misuse, third-party liability, and the first sale doctrine. Some commentators have advocated broad judicial power to revise and overturn statutes. Such sweeping judicial power is hard to reconcile with the democratic commitment to legislative supremacy. At the other extreme are those that view codification as completely displacing courts’ authority to develop legal principles. …