Public Law and Legal Theory Commons^™

Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk

University of Cincinnati Law Review

Determining an offender’s “culpability” is fundamental to justice systems worldwide. However, this crucial concept, built on a blending of moral responsibility with legal guilt, remains significantly diluted. For instance, the U.S. Model Penal Code uses an offender’s moral culpability merely to “grade” offenses and determine sentences. This prevailing perpetrator-centric approach, mirrored in U.S. state and federal laws and academic discourse, affects individual cases and has far-reaching societal implications.

Viewed this way, “harm” narrowly refers to the concrete damage (or the “injury”), such as physical pain and damage or loss of property, the perpetrator caused. “Culpability,” on the other hand, is …

S.B. H(8): Battle Of The Bills And Private Enforcement, Hailey Martin

University of Cincinnati Law Review

No abstract provided.

The Third Death Of Federalism, A. Christopher Bryant

Faculty Articles and Other Publications

Federal drug laws proved a stumbling block to the Rehnquist Court's attempted federalism revival. In its final year, the Court's fragile federalism coalition splintered in a pair of cases arising under the Controlled Substances Act ("CSA"). Missing from the emerging legal literature concerning those two decisions is any substantive discussion of the Supreme Court's much earlier, ill-fated efforts to preserve both judicial enforcement of the enumerated powers doctrine and federal narcotics laws. This article fills that gap.

Ninety-odd years ago the Court arrived at the same jurisprudential juncture it now confronts. In the early decades of the twentieth century, the …

Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank

Faculty Articles and Other Publications

This Essay, however, contends that section 602 disparate impact regulations in Tide VI are valid because Congress has implicitly sanctioned their creation, and explicitly approved them in subsequent related statutes.

Part II of this Essay discusses the legislative history of Tide VI, which suggests that Congress intended to give administrative agencies discretion to define "discrimination" in their Tide VI regulations as prohibiting either intentional conduct or actions having disparate impacts against racial minorities as long as the President approved such rules.

Part III illustrates that five different Congresses have enacted four subsequent related statutes that explicitly incorporate Tide VI disparate …