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Jurisprudence Commons

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Articles 1 - 11 of 11

Full-Text Articles in Jurisprudence

Biology For Feminists, Katharine K. Baker Feb 2000

Biology For Feminists, Katharine K. Baker

Katharine K. Baker

No abstract provided.


The Inefficiency Of Mens Rea, Claire Oakes Finkelstein Jan 2000

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


Afterword And Response: What Digging Does And Does Not Do, Patricia D. White Jan 2000

Afterword And Response: What Digging Does And Does Not Do, Patricia D. White

Articles

No abstract provided.


Foreword: Is Justice Just Us?, Christopher Slobogin Jan 2000

Foreword: Is Justice Just Us?, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This is a review of JUSTICE, LIABILITY AND BLAME, by Paul Robinson and John Darley. The book is a summary of 18 studies which surveyed lay subjects about their attitudes toward various aspects of criminal law doctrine, including the act requirement for attempt, omission liability, accomplice liability, the felony-murder role, and the intoxication and insanity defenses. In virtually every study, the authors found that the subjects disagreed with the Model Penal Code's position, the common law's position, or both. The authors contend that results of surveys such as theirs should play a significant role in designing criminal doctrine, both because …


Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser Jan 2000

Supreme Court Of Nevada, Administrative Office Of The Courts, Nevada Domestic Violence Resource Manual, Mary E. Berkheiser

Scholarly Works

No abstract provided.


Positivism And The Notion Of An Offense, Claire Oakes Finkelstein Jan 2000

Positivism And The Notion Of An Offense, Claire Oakes Finkelstein

All Faculty Scholarship

While the United States Supreme Court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. The asymmetry between substance and procedure seems natural given the demise of Lochner and the minimalist stance towards due process outside the area of fundamental rights. This Article, however, argues that the "positivistic" approach to defining criminal offenses stands in some tension with other basic principles, both constitutional and moral. In particular, two important constitutional guarantees depend on the notion of an offense: the presumption of innocence and the ban on double jeopardy. Under …


Structuring Criminal Codes To Perform Their Function, Paul H. Robinson Jan 2000

Structuring Criminal Codes To Perform Their Function, Paul H. Robinson

All Faculty Scholarship

This paper argues that criminal codes have two distinct functions. First, a code must ex ante announce the rules of conduct. Second, it must set out the principles of for adjudicating, ex post, violations of those rules. These two functions often are in tension with one another. Each calls for a different kind of code, addressed to a different audience, with different objectives: To be effective ex ante, the rules of conduct must be formulated in a way that they will be understood, remembered, and able to be applied in daily life by lay persons with a wide range of …


Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz Jan 2000

Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz

All Faculty Scholarship

No abstract provided.


When The Rule Swallows The Exception, Claire Oakes Finkelstein Jan 2000

When The Rule Swallows The Exception, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris Dec 1999

Equality Trouble: Sameness And Difference In Twentieth-Century Race Law, Angela Harris

Angela P Harris

No abstract provided.


Gender Violence, Race, And Criminal Justice, Angela P. Harris Dec 1999

Gender Violence, Race, And Criminal Justice, Angela P. Harris

Angela P Harris

No abstract provided.