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Full-Text Articles in Legal History

Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson Jan 2018

Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

This first chapter of the recently published book Crimes That Changed Our World: Tragedy, Outrage, and Reform, examines the process by which the tragic 1911 Triangle Factory Fire provoked enormous outrage that in turn created a local then national movement for workplace and building safety that ultimately became the foundation for today’s building safety codes. What is particularly interesting, however, is that the Triangle Fire was not the worst such tragedy in its day. Why should it be the one that ultimately triggers social progress?

The book has 21 chapters, each of which traces the tragedy-outrage-reform dynamic in a ...


Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson Aug 2017

Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around ...


Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson Aug 2017

Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are ...


Are There Really "Plenty Of Shapiros Out There"? A Comment On The Courage Of Norma L. Shapiro, Reid K. Weisbord, David A. Hoffman Apr 2017

Are There Really "Plenty Of Shapiros Out There"? A Comment On The Courage Of Norma L. Shapiro, Reid K. Weisbord, David A. Hoffman

Faculty Scholarship at Penn Law

Norma Levy Shapiro, a trailblazing United States District Court Judge whose tenure on the Philadelphia federal bench spanned nearly 40 years, died July 22, 2016. This memoriam, written by two former law clerks, reflects fondly on Judge Shapiro’s judicial courage to follow her conscience even when doing so required making deeply unpopular decisions. To illustrate, this memoriam examines three of Judge Shapiro’s most memorable cases from her notable prisoner litigation docket.

First, in Harris v. Pernsley, Judge Shapiro’s principled but polarizing decisions in the Philadelphia prison overcrowding litigation elicited a now-familiar brand of snark from one (tremendous ...


Tragedy, Outrage & Reform Crimes That Changed Our World: 1911 – Triangle Factory Fire – Building Safety Codes, Paul H. Robinson, Sarah M. Robinson Dec 2016

Tragedy, Outrage & Reform Crimes That Changed Our World: 1911 – Triangle Factory Fire – Building Safety Codes, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around ...


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 ...


The Opening Of American Law: Neoclassical Legal Thought, 1870-1970: Epilogue, Herbert J. Hovenkamp Feb 2015

The Opening Of American Law: Neoclassical Legal Thought, 1870-1970: Epilogue, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The Opening of American Law examines changes in American legal thought that began during Reconstruction and the Gilded Age, and extending through the Kennedy/Johnson eras. During this period American judges and legal writers embraced various conceptions of legal "science," although they differed about what that science entailed. Beginning in the Gilded Age, the principal sources were Darwinism in the biological and social sciences, marginalism in economics and psychology, and legal historicism. The impact on judicial, legislative, and later administrative law making is difficult to exaggerate. Among the changes were vastly greater use of behavioral or deterrence based theories of ...


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 ...


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.


On The Moral Structure Of White-Collar Crime, Mitchell N. Berman Jan 2007

On The Moral Structure Of White-Collar Crime, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky Jan 2005

Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky

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.


Interview With Michael Levy, Christina Fahmy, Michael Levy, Legal Oral History Project, University Of Pennsylvania Law School Mar 2004

Interview With Michael Levy, Christina Fahmy, Michael Levy, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

For transcript, click the Download button above

Michael Levy (L '69) is the Chief of Computer Crimes at the United States Attorney’s Office for the Eastern District of Pennsylvania. He has served in the U.S. Department of Justice since 1980 with two one-year excursions into private practice. Before joining the U.S. Attorney’s office, Mr. Levy worked as a Public Defender and as an Assistant District Attorney in Philadelphia and as an Assistant Attorney General for the Commonwealth of Pennsylvania. He also had his own law practice for four years.


The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler Jan 2004

The Virtues Of Uncertainty In Law: An Experimental Approach, Tom Baker, Alon Harel, Tamar Kugler

Faculty Scholarship at Penn Law

No abstract provided.


Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz Jan 2003

Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz

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 ...


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.


On Hate And Equality, Alon Harel, Gideon Parchomovsky Jan 1999

On Hate And Equality, Alon Harel, Gideon Parchomovsky

Faculty Scholarship at Penn Law

No abstract provided.


Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley Jan 1998

Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley

Faculty Scholarship at Penn Law

No abstract provided.


In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson Jan 1998

In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz Jan 1998

Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein Jan 1996

The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Brain And Blame, Stephen J. Morse Jan 1996

Brain And Blame, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse Jan 1996

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Motherhood And Crime, Dorothy E. Roberts Jan 1993

Motherhood And Crime, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts Jan 1991

Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.