Open Access. Powered by Scholars. Published by Universities.®

Law and Society Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law and Society

Deterrence's Difficulty, Neal Kumar Katyal Aug 1997

Deterrence's Difficulty, Neal Kumar Katyal

Michigan Law Review

We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …


Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan Aug 1997

Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan

Michigan Law Review

The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …


A Wigmorian Defense Of Feminist Methods, Katharine K. Baker Feb 1997

A Wigmorian Defense Of Feminist Methods, Katharine K. Baker

Katharine K. Baker

No abstract provided.


Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza Feb 1997

Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza

Michigan Law Review

My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.


If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs Jan 1997

If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs

Nancy Levit

This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.

The article considers and responds to the arguments against grade normalization and …


Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno Jan 1997

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.


This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal Jan 1997

This Is Who Will Die When Doctors Are Allowed To Kill Their Patients, 31 J. Marshall L. Rev. 95 (1997), Michael Mcgonnigal

UIC Law Review

No abstract provided.


The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby Jan 1997

The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby

Articles

No abstract provided.