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Full-Text Articles in Legal History

Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas Aug 2016

Justice Scalia’S Originalism And Formalism: The Rule Of Criminal Law As A Law Of Rules, Stephanos Bibas

Faculty Scholarship at Penn Law

Far too many reporters and pundits collapse law into politics, assuming that the left–right divide between Democratic and Republican appointees neatly explains politically liberal versus politically conservative outcomes at the Supreme Court. The late Justice Antonin Scalia defied such caricatures. His consistent judicial philosophy made him the leading exponent of originalism, textualism, and formalism in American law, and over the course of his three decades on the Court, he changed the terms of judicial debate. Now, as a result, supporters and critics alike start with the plain meaning of the statutory or constitutional text rather than loose appeals to ...


What Gideon Did, Sara Mayeux Jan 2016

What Gideon Did, Sara Mayeux

Faculty Scholarship at Penn Law

Many accounts of Gideon v. Wainwright’s legacy focus on what Gideon did not do—its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few “outlier” states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal help for poor people charged with crimes.

Drawing on original historical research, this Article instead chronicles what Gideon did—the doctrinal and institutional changes it inspired between 1963 and the early 1970s. Gideon shifted the legal profession’s policy consensus on ...


Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, B. J. Casey, Andre Davis, David L. Faigman, Morris Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe Jan 2014

Law And Neuroscience: Recommendations Submitted To The President's Bioethics Commission, Owen D. Jones, Richard J. Bonnie, B. J. Casey, Andre Davis, David L. Faigman, Morris Hoffman, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth Scott, Laurence Steinberg, Kim Taylor-Thompson, Anthony Wagner, Gideon Yaffe

Faculty Scholarship at Penn Law

President Obama charged the Presidential Commission for the Study of Bioethical Issues to identify a set of core ethical standards in the neuroscience domain, including the appropriate use of neuroscience in the criminal-justice system. The Commission, in turn, called for comments and recommendations. The MacArthur Foundation Research Network on Law and Neuroscience submitted a consensus statement, published here, containing 16 specific recommendations. These are organized within three main themes: 1) what steps should be taken to enhance the capacity of the criminal justice system to make sound decisions regarding the admissibility and weight of neuroscientific evidence?; 2) to what extent ...


The Limits Of Textualism In Interpreting The Confrontation Clause, Stephanos Bibas Jan 2014

The Limits Of Textualism In Interpreting The Confrontation Clause, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Masthead, Editors Jan 2011

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices, Stephanos Bibas, Jennifer Blasser, Keith A. Findley, Ronald F. Wright, Jennifer E. Laurin, Cookie Ridolfi Jan 2010

New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices, Stephanos Bibas, Jennifer Blasser, Keith A. Findley, Ronald F. Wright, Jennifer E. Laurin, Cookie Ridolfi

Faculty Scholarship at Penn Law

No abstract provided.


The Pace Of International Criminal Justice, Jean Galbraith Jan 2009

The Pace Of International Criminal Justice, Jean Galbraith

Faculty Scholarship at Penn Law

No abstract provided.


Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts Jan 2008

Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii Jan 2007

A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


Pleas' Progress, Stephanos Bibas May 2004

Pleas' Progress, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Justification And Excuse, Law And Morality, Mitchell N. Berman Jan 2003

Justification And Excuse, Law And Morality, Mitchell N. Berman

Faculty Scholarship at Penn Law

Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts ...


Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve Jan 2003

Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve

Faculty Scholarship at Penn Law

103 Colum. L. Rev. 243 (2003)


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

Positivism And The Notion Of An Offense, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

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 ...


On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein Jan 1999

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Releases, Redress And Police Misconduct: Reflections On Agreements To Waive Civil Rights Actions In Exchange For Dismissal Of Criminal Charges, Seth F. Kreimer Jan 1987

Releases, Redress And Police Misconduct: Reflections On Agreements To Waive Civil Rights Actions In Exchange For Dismissal Of Criminal Charges, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse Jan 1985

Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall Jan 1983

Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall

Faculty Scholarship at Penn Law

No abstract provided.


Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse Jan 1982

Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr. Jan 1978

An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard Dec 1961

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

Faculty Scholarship at Penn Law

No abstract provided.