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Full-Text Articles in Rule of Law

What Is And Is Not Pathological In Criminal Law, Kyron Huigens Dec 2002

What Is And Is Not Pathological In Criminal Law, Kyron Huigens

Michigan Law Review

In a recent article in this law review, William J. Stuntz argues that criminal law in the United States suffers from a political pathology. The incentives of legislators are such that the notorious overcriminalization of American society is deep as well as broad. That is, not only are remote corners of life subject to criminal penalties - such things as tearing tags off mattresses and overworking animals - but now crimes are defined with the express design of easing the way to conviction. Is proof of a tangible harm an obstacle to using wire and mail fraud statutes to prosecute …


Playing With The Rules, Mark V. Tushnet May 1992

Playing With The Rules, Mark V. Tushnet

Michigan Law Review

A Review of Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and Life by Frederick Schauer


The Conditions Of Discretion: Autonomy, Community, Bureaucracy, Steven F. Cherry May 1988

The Conditions Of Discretion: Autonomy, Community, Bureaucracy, Steven F. Cherry

Michigan Law Review

A Review of The Conditions of Discretion: Autonomy, Community, Bureaucracy/em by Joel F. Handler