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Jurisprudence Commons

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Articles 1 - 8 of 8

Full-Text Articles in Jurisprudence

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank Jan 1992

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

Faculty Scholarship at Penn Law

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional ...


Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales Jan 1992

Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales

Faculty Scholarship at Penn Law

No abstract provided.


The Jurisprudence Of Jane Eyre, Anita L. Allen Jan 1992

The Jurisprudence Of Jane Eyre, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun Jan 1992

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Scholarly Articles

None available.


Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen Jan 1992

Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Tort Law As A Comparative Institution, Claire Oakes Finkelstein Jan 1992

Tort Law As A Comparative Institution, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


The Myth Of Retributive Justice, Brian Slattery Jan 1992

The Myth Of Retributive Justice, Brian Slattery

Articles & Book Chapters

In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to ...


The Myth Of Retributive Justice, Brian Slattery Dec 1991

The Myth Of Retributive Justice, Brian Slattery

Brian Slattery

In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to ...