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Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
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Articles 211 - 229 of 229
Full-Text Articles in Social and Behavioral Sciences
A Transatlantic Perspective On The Compensation Of Crime Victims In The United States, Desmond S. Greer
A Transatlantic Perspective On The Compensation Of Crime Victims In The United States, Desmond S. Greer
Journal of Criminal Law and Criminology
No abstract provided.
How Reasonable Is The Reasonable Man: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith
How Reasonable Is The Reasonable Man: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith
Journal of Criminal Law and Criminology
No abstract provided.
Constructing The Insurance Relationship: Sales Stories, Claims Stories, And Insurance Contract Damages, Tom Baker
All Faculty Scholarship
No abstract provided.
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
All Faculty Scholarship
America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we assign …
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Are Criminal Codes Irrelevant?, Paul H. Robinson
Are Criminal Codes Irrelevant?, Paul H. Robinson
All Faculty Scholarship
After planning the effort for twenty years, the American Law Institute spent ten years debating and drafting a model criminal code. Twenty-eight drafters and forty-two advisors produced thirteen reports that were debated at eight annual meetings. Twenty years later, seven reporters with twenty-five advisors completed six volumes of official commentaries. This monumental drafting effort served as only the starting point for nearly two-thirds of the states that have recodified their criminal codes since the Model Penal Code was promulgated in 1962. In every instance a commission, legislative committee, or both, devoted additional time and energy redebating and revising the 1962 …
A Functional Analysis Of Criminal Law, Paul H. Robinson
A Functional Analysis Of Criminal Law, Paul H. Robinson
All Faculty Scholarship
The criminal law has three primary functions. First, it must define and announce the conduct that is prohibited (or required) by the criminal law. Such rules of conduct, as they have been called, provide ex ante direction to members of the community as to the conduct that must be avoided (or that must be performed) upon pain of criminal sanction. This may be termed the rule articulation function of the doctrine. When a violation of the rules of conduct occurs, the criminal law takes on a different role. It must decide whether the violation merits criminal liability. This second function, …
"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin
"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin
All Faculty Scholarship
No abstract provided.
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
All Faculty Scholarship
No abstract provided.
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas
Faculty Publications
No abstract provided.
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Faculty Publications
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …
Securing Health Or Just Health Care? The Effect Of The Health Care System On The Health Of America, Lawrence O. Gostin
Securing Health Or Just Health Care? The Effect Of The Health Care System On The Health Of America, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The author first analyzes why the prevention of illness and promotion of health provide the leading justification for the government to act for the welfare of the population. His analysis focuses principally on the foundational importance of health for human happiness, the exercise of rights and privileges, and the formation of family and social relationships. He explains why health care, although critically important; is not the only, nor even the most important, determinant of health. Most morbidity and mortality in the United States is attributable to environmental conditions, pathogens, and human behavior, which are all more responsive to population-based interventions …
...And Contractual Consent, Randy E. Barnett
...And Contractual Consent, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In Part I, the author contends that when economists persistently ignore the importance of contractual consent, they are missing the crucial problem of legitimacy. In Parts II and IV, he responds to the criticisms of his consent theory of contract advanced by Jay Feinman and Dennis Patterson. Both Feinman and Patterson object to the enterprise in which the author and others are engaging, and he explains why each is wrong to dismiss the current debate over default rules. Finally, in contrast, in Part III the author shows how Steven Burton's theory of default rules, which he finds most congenial, is …
Bad Trip: Drug Prohibition And The Weakness Of Public Policy, Randy E. Barnett
Bad Trip: Drug Prohibition And The Weakness Of Public Policy, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
The case against prohibition is overwhelming precisely because so many different types of considerations all point to a single solution: the legalization of illicit drugs. The complexity of the case against prohibition means, however, that it cannot be presented adequately by a few anecdotes or even a lengthy essay. Nothing less than a book-length treatment will suffice and, fortunately, that book has been published. America's Longest War is an ambitious effort to evaluate the effectiveness of the policy of prohibition. It accomplishes this by marshalling the empirical research that has been done on both drugs and drug prohibition and then …
A Survey Of Feminist Jurisprudence, Lisa Pruitt
A Survey Of Feminist Jurisprudence, Lisa Pruitt
Lisa R Pruitt
This essay articulates a relatively early taxonomy of the various strands of feminist legal theory. Its reach is transnational, including references to works by some European and Australian scholars.
Prometheus Born: The High Middle Ages And The Relationship Between Law And Economic Conduct, David J. Gerber
Prometheus Born: The High Middle Ages And The Relationship Between Law And Economic Conduct, David J. Gerber
David J. Gerber
No abstract provided.
Judging Socialist Reform: The Politics Of Coordinate Construction In France And Germany, Alec Stone Sweet
Judging Socialist Reform: The Politics Of Coordinate Construction In France And Germany, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
The New Constitutional Politics Of Europe, Alec Stone Sweet
The New Constitutional Politics Of Europe, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
Hate Crime In Canada: Growing Pains With New Legislation, Jeffrey Ian Ross Ph.D.
Hate Crime In Canada: Growing Pains With New Legislation, Jeffrey Ian Ross Ph.D.
Jeffrey Ian Ross Ph.D.
No abstract provided.