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Full-Text Articles in Jurisprudence

Understanding Crime Under Capitalism: A Critique Of American Criminal Justice And Introduction To Marxist Jurisprudence, Steven E. Gilmore Apr 2016

Understanding Crime Under Capitalism: A Critique Of American Criminal Justice And Introduction To Marxist Jurisprudence, Steven E. Gilmore

Steven E Gilmore

Following the highly publicized deaths of Eric Garner and Michael Brown at the hands of white local law enforcement officers, along with the subsequent failure of the justice system to address this repugnant state of affairs, it has become essential for left-legal activists and advocates of social justice to begin crafting a model of criminal justice that is capable of withstanding the bias of perceived class, gender, and racial supremacy.  Further, it seems necessary to express these ideas in a manner that is amenable to implementation, rather than conveyed in the abstract terms of bourgeois ideology.  Such a design of ...


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan Jul 2015

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim Oct 2013

Beyond Finality: How Making Criminal Judgments Less Final Can Further The Interests Of Finality, Andrew Chongseh Kim

Andrew Chongseh Kim

Courts and scholars commonly assume that granting convicted defendants more liberal rights to challenge their judgments would harm society’s interests in “finality.” According to conventional wisdom, finality in criminal judgments is necessary to conserve resources, encourage efficient behavior by defense counsel, and deter crime. Thus, under the common analysis, the extent to which convicted defendants should be allowed to challenge their judgments depends on how much society is willing to sacrifice to validate defendants’ rights. This Article argues that expanding defendants’ rights on post-conviction review does not always harm these interests. Rather, more liberal review can often conserve state ...


The Rise Of Planning In Industrial America, 1865-1914 Dec 2011

The Rise Of Planning In Industrial America, 1865-1914

Richard Adelstein

How American firms grew very large after the Civil War, and how Americans responded to them.


The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky Dec 2011

The Relational Contingency Of Rights, Alex Stein, Gideon Parchomovsky

Alex Stein

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent. Our main thesis is that rights afford their holders meaningful protection only against challengers who face higher litigation costs than the rightholder. Contrariwise, challengers who can litigate more cheaply than a rightholder can force the rightholder to forfeit the right and thereby render the right ineffective. Consequently, in the real world, rights avail only against certain challengers but not others. This result is robust and pervasive. Furthermore, it obtains irrespectively of how rights and other legal entitlements are defined by the legislator or construed by ...


Firms As Social Actors, Richard Adelstein Jan 2010

Firms As Social Actors, Richard Adelstein

Division II Faculty Publications

A close look at what firms are and how they act.


Organizations And Economics, Richard Adelstein Jan 2010

Organizations And Economics, Richard Adelstein

Division II Faculty Publications

A contribution to a symposium on a paper by Richard Posner.


Firms As Social Actors, Richard Adelstein Dec 2009

Firms As Social Actors, Richard Adelstein

Richard Adelstein

A close look at what firms are and how they act.


Organizations And Economics, Richard Adelstein Dec 2009

Organizations And Economics, Richard Adelstein

Richard Adelstein

A contribution to a symposium on a paper by Richard Posner.


Economics Of Plea Bargaining, Richard Adelstein Jan 2007

Economics Of Plea Bargaining, Richard Adelstein

Division II Faculty Publications

A short summary of earlier work for a sociological audience.


Economics Of Plea Bargaining, Richard Adelstein Dec 2006

Economics Of Plea Bargaining, Richard Adelstein

Richard Adelstein

A short summary of earlier work for a sociological audience.


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein Jan 2006

An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein

Division II Faculty Publications

A formal model of the law of fair use.


An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein Dec 2005

An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A formal model of the law of fair use.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein Jan 2005

Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein

Division II Faculty Publications

A theory of central planning employing Austrian themes and applied to private firms and Taylorism.


Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein Dec 2004

Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein

Richard Adelstein

A theory of central planning employing Austrian themes and applied to private firms and Taylorism.


Equity And Efficiency In Markets For Ideas, Richard Adelstein Jan 2002

Equity And Efficiency In Markets For Ideas, Richard Adelstein

Division II Faculty Publications

Intellectual property and patent protection in light of the AIDS crisis in Africa.


Equity And Efficiency In Markets For Ideas, Richard Adelstein Dec 2001

Equity And Efficiency In Markets For Ideas, Richard Adelstein

Richard Adelstein

Intellectual property and patent protection in light of the AIDS crisis in Africa.


Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein Jan 2001

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Division II Faculty Publications

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.


Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein Dec 2000

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.


Victims As Cost Bearers, Richard Adelstein Jan 1999

Victims As Cost Bearers, Richard Adelstein

Division II Faculty Publications

A brief recasting of the price exaction model.


Victims As Cost Bearers, Richard Adelstein Dec 1998

Victims As Cost Bearers, Richard Adelstein

Richard Adelstein

A brief recasting of the price exaction model.


Four Entries, Richard Adelstein Jan 1998

Four Entries, Richard Adelstein

Division II Faculty Publications

Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"


Four Entries, Richard Adelstein Dec 1997

Four Entries, Richard Adelstein

Richard Adelstein

Four entries: "American Institutional Economics and the Legal System" (I: 61-66); "John Rogers Commons" (I: 324-327); Richard Theodore Ely" (II: 28-29); and "Plea Bargaining: A Comparative Approach"


Deciding For Bigness, Richard Adelstein Jan 1991

Deciding For Bigness, Richard Adelstein

Division II Faculty Publications

Antitrust as a constitutional constraint on the growth of firms.


Deciding For Bigness, Richard Adelstein Dec 1990

Deciding For Bigness, Richard Adelstein

Richard Adelstein

Antitrust as a constitutional constraint on the growth of firms.


The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein Jan 1985

The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein

Division II Faculty Publications

A theory of intellectual goods as distinct from public or private goods, and the rationale for copyright that flows from it.


The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein Dec 1984

The Competition Of Technologies In Markets For Ideas: Copyright And Fair Use In Evolutionary Perspective (With Steven Peretz), Richard Adelstein

Richard Adelstein

A theory of intellectual goods as distinct from public or private goods, and the rationale for copyright that flows from it.