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Articles 211 - 219 of 219
Full-Text Articles in Jurisprudence
Rising Above Principle, Geoffrey C. Hazard Jr.
Rising Above Principle, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson
All Faculty Scholarship
One widely-stated goal of criminal law theory is to create the set of rules that best implements our collective sense of justice. To reach this goal, the theorist continuously adjusts his theory so that it generates rules that better reflect our fundamental notions of justice. These rules, moreover, must function as workable doctrine, which in the context of criminal law means precise statutory provisions. It is this process of theoretical refinement and translation that is the topic of this article. Can good theory generate results that approximate our collective sense of justice? Can the theoretical refinements be translated into workable …
Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp
Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp
All Faculty Scholarship
Few ideas in intellectual history have been so captivating that they have overflowed the discipline from which they came and spilled over into everything else. The theory of evolution is unquestionably one of these. Evolution was an idea so powerful that it seemed obvious when Charles Darwin offered it. After all, there were prominent evolutionists a century before Darwin. Charles Darwin merely presented a model that made the theory plausible. It was a model, though, that infected everything, and one that appeared to answer every question worth asking, no matter what the subject. The model had the potential to lead …
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
Criminal Liability For Omissions: A Brief Summary And Critique Of The Law In The United States, Paul H. Robinson
All Faculty Scholarship
Criminal liability for an omission is imposed in two distinct situations. First, such liability is often imposed explicitly in offense definitions that punish a failure to perform certain conduct. For example, it is an offense to fail to file a tax return. Second, it is also common for a general provision, apart from an offense definition, to create omission liability for an offense defined in commission terms. Parents, for example, are generally given the legal duty to care for their children. A parent may be held liable for criminal homicide, then, where death results from a failure to perform this …
Imputed Criminal Liability, Paul H. Robinson
Imputed Criminal Liability, Paul H. Robinson
All Faculty Scholarship
Typically, the set of elements defining a crime comprise what may be called the paradigm of liability for that offense: An actor is criminally liable if and only if the state proves all these elements. The paradigm of an offense, however, does not always determine criminal liability. Even where all the elements of the paradigm are proven, rules and doctrines create exceptions that affect criminal liability. Some exceptions, such as insanity, duress, and law enforcement authority, can exculpate an actor even though his conduct and state of mind satisfy the paradigm for the offense charged. Such exculpating exceptions are grouped …
Professor Brest On State Action And Liberal Theory, And A Postscript To Professor Stone, Frank Goodman
Professor Brest On State Action And Liberal Theory, And A Postscript To Professor Stone, Frank Goodman
All Faculty Scholarship
No abstract provided.
A Theory Of Justification: Societal Harm As A Prerequisite For Criminal Liability, Paul H. Robinson
A Theory Of Justification: Societal Harm As A Prerequisite For Criminal Liability, Paul H. Robinson
All Faculty Scholarship
All would agree that the criminal law seeks to prevent harmful results rather than to punish evil intent that produces no harm. If one views deterrence as the proper function of the criminal law, a harm requirement is appropriate. To the extent that the criminal law punishes nonharmful conduct, it weakens the stigma and deterrent effect of criminal conviction for harmful conduct. If a defendant who has caused no harm feels that he is punished unjustifiably, rehabilitative efforts will be hampered. Indeed, one may ask: If no harm has been caused, what harm will be deterred by punishment, and what …
Legal Problems Of Dividing A State Between Federal Judicial Circuits, Arthur D. Hellman
Legal Problems Of Dividing A State Between Federal Judicial Circuits, Arthur D. Hellman
Articles
At recent hearings on proposals to restructure the Ninth Circuit Court of Appeals, two witnesses (a Ninth Circuit judge and a law professor) expressed some support for a realignment that would divide the state of California between two judicial circuits. This article explores the legal problems that might arise if such a reorganization were to be enacted, and it considers how those problems might be dealt with. It concludes that the problems are far from intractable and that they can be addressed through use or adaptation of familiar mechanisms for avoiding or resolving conflicts between decisions of different courts.
Almost …