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Full-Text Articles in Jurisprudence
Commentary: Noam Chomsky And Judicial Review, James G. Wilson
Commentary: Noam Chomsky And Judicial Review, James G. Wilson
Law Faculty Articles and Essays
Although Chomsky has never discussed judicial review in any detail, he recently made several interesting observations. He believes America's governmental structure remains acceptable, even desirable, even though all three federal branches have not just failed to protect us from private power's excesses but instead have devoted far too much of their energy and power to enhancing private power. The constitutional text creates a unique relationship between the Supreme Court and private power. Because the Court is staffed by unelected Justices who need not pander for money to be reelected, it is more independent of the rich and powerful than either …
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson
All Faculty Scholarship
The communist Chinese have distinct criminal and civil systems, as do the democratic Swiss, and the monarchist Saudis.1 The criminal-civil distinction also is a basic organizing device for Islamic Pakistan, Catholic Ireland, Hindu India, and the atheistic former Soviet Union, industrialized Germany, rural Papua New Guinea, the tribal Bedouins, wealthy Singapore, impoverished Somalia, developing Thailand, newly organized Ukraine, and the ancient Romans. Apparently every society sufficiently developed to have a formal legal system usesthe criminal-civil distinction as an organizing principle. Why? Why has every society felt it necessary to create a system to impose criminal liability distinct from civil liability?
On The Genealogy Of Moral Hazard, Tom Baker
On The Genealogy Of Moral Hazard, Tom Baker
All Faculty Scholarship
No abstract provided.
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein
All Faculty Scholarship
A traditional criminal code performs several functions. It announces the law's commands to those whose conduct it seeks to influence. It also defines the rules to be used in deciding whether a breach of the law's commands will result in criminal liability and, if so, the grade or degree of liability. In serving the first function, the code addresses all members of the public. In performing the second function, it addresses lawyers, judges, jurors, and others who play a role in the adjudication process. In part because of these different audiences, the two functions call for different kinds of documents. …
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.