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2013

Articles 1 - 4 of 4

Full-Text Articles in Legal History

North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo Aug 2013

North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo

Faculty Publications By Year

No abstract provided.

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The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul Mar 2013

The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul

Scott T Paul

In the past decade, calls for monetary payments by warring parties to the civilians they harm have become significantly louder and more prominent. The law of armed conflict permits parties to harm civilians, so long as the harm is not excessive to the concrete and direct military advantage they anticipate gaining through an attack. This paper examines the current state of international law regarding duties owed to victims suffering harm as a result of lawful combat operations and discusses the moral obligations owed to them by the parties who cause them harm. The paper notes that civilians who suffer incidental …

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Data Underlying "Living Death: Ambivalence, Delay, And Capital Punishment", Marianne Wesson, Amy Kingston, Jocelyn Jenks, Laura Mcnabb, Lauren Seger, Genet Tekeste, Edwin Hurwitz Feb 2013

Data Underlying "Living Death: Ambivalence, Delay, And Capital Punishment", Marianne Wesson, Amy Kingston, Jocelyn Jenks, Laura Mcnabb, Lauren Seger, Genet Tekeste, Edwin Hurwitz

Research Data

The documents here archived contain data compilations researched and recorded by me and my research assistants in connection with the article by Marianne "Mimi" Wesson, Living Death: Ambivalence, Delay, and Capital Punishment (Feb. 20, 2013), https://ssrn.com/abstract=2221597.

Our research investigated four study jurisdictions: Arizona, Louisiana, Nevada, and Ohio. The data falls into two categories: analyses of reported appellate cases during designated periods in those jurisdictions; and investigations of the subsequent careers of every individual who resided on death row in one of our jurisdictions in April of 1995. The article further explains the impetus for these investigations, and the conclusions …

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The Judicial Invention Of Property Norms: Ellickson's Whalemen Revisited, Robert Deal Dec 2012

The Judicial Invention Of Property Norms: Ellickson's Whalemen Revisited, Robert Deal

Robert C. Deal

Robert C Ellickson argues that the close-knit community of American whalemen in the nineteenth century used norms of their own creation to settle arguments over contested whales without violence or frequent litigation. Ellickson also contends that these norms were largely adopted by courts as the property law of whaling. A close examination of trial transcripts and depositions from two litigated whaling disputes reveals, however, that whalemen settled contests not upon clear and widely accepted norms but rather upon the application of some rather general maxims that were often poorly understood even by experienced captains and crews. Whaling disputes were, in …

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