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Three Principles Of Democratic Criminal Justice, Joshua Kleinfeld 2017 Northwestern Pritzker School of Law

Three Principles Of Democratic Criminal Justice, Joshua Kleinfeld

Northwestern University Law Review

This Essay links criminal theory to democratic political theory, arguing that the view of criminal law and procedure known as “reconstructivism” shares a common root with certain culturally oriented forms of democratic theory. The common root is the valorization of a community’s ethical life and the belief that law and government should reflect the ethical life of the community living under that law and government. This Essay then specifies three principles that are entailed by the union of democracy and reconstructivism and that should therefore characterize a democracy’s approach to criminal justice: the “moral culture principle of criminalization ...


Empowering Individual Plaintiffs, Alex Stein 2017 Brooklyn Law School

Empowering Individual Plaintiffs, Alex Stein

Alex Stein

The individual plaintiff plays a critical—yet, under-appreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness.  The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post.  No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result.  Yet, as we show in this Essay, in many key ...


Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe Of Criminal Defendants, Michael Vitiello 2017 The University of Akron

Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe Of Criminal Defendants, Michael Vitiello

Akron Law Review

Justice Scalia’s death has already produced a host of commentary on his career. Depending on the issue, Justice Scalia’s legacy is quite complicated. Justice Scalia’s commitment to originalism explains at least some of his pro-defendant positions. Some of his supporters point to such examples to support a claim that Justice Scalia was principled in his application of his jurisprudential philosophy. However, in one area, Justice Scalia was an unabashed foe of criminal defendants: his Eighth Amendment jurisprudential dealing with terms of imprisonment. There, based on his reading of the historical record, he argued that the Eighth Amendment ...


Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger 2017 Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada

Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger

Benjamin L. Berger

The judicial decision-making process is not one for which resolution arises from counting, measuring, or weighing. Rather, the courtroom is a field for debate about the interpretation and application of values as embodied in or reflected by the law. Decisions reached in court are judgments and not mathematical conclusions in that the inherently contestable nature of the issues at stake precludes an outcome that is selfevident to all. As such, although there is an element of factfinding that emerges in a judicial opinion, there is also always a subjective valuation of the principles at stake; to draw on Socrates, there ...


Arguing With Friends, William Baude, Ryan D. Doerfler 2017 University of Chicago

Arguing With Friends, William Baude, Ryan D. Doerfler

Faculty Scholarship

It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.

Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or ...


Florida’S Contradiction And The Tipped Employees’ Plight: Why The Florida Civil Rights Act Of 1992 Mandates That Florida Raise The Tipped Minimum Wage And The Necessary Standard Of Review, Jamy E. Barreau 2017 Barry University School of Law

Florida’S Contradiction And The Tipped Employees’ Plight: Why The Florida Civil Rights Act Of 1992 Mandates That Florida Raise The Tipped Minimum Wage And The Necessary Standard Of Review, Jamy E. Barreau

Barry Law Review

No abstract provided.


Understanding Medical Records In The Twenty-First Century, Samuel D. Hodge, Jr., Joanne Callahan 2017 Barry University School of Law

Understanding Medical Records In The Twenty-First Century, Samuel D. Hodge, Jr., Joanne Callahan

Barry Law Review

No abstract provided.


For Legal Principles, Mitchell N. Berman 2017 University of Pennsylvania Law School

For Legal Principles, Mitchell N. Berman

Faculty Scholarship

Most legal thinkers believe that legal rules and legal principles are meaningfully distinguished. Many jurists may have no very precise distinction in mind, and those who do might not all agree. But it is widely believed that legal norms come in different logical types, and that one difference is reasonably well captured by a nomenclature that distinguishes “rules” from “principles.” Larry Alexander is the foremost challenger to this bit of legal-theoretic orthodoxy. In several articles, but especially in “Against Legal Principles,” an influential article co-authored with Ken Kress two decades ago, Alexander has argued that legal principles cannot exist.

In ...


The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones 2017 Boston College Law School

The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones

Renee Jones

This Article challenges corporate governance theorists’ standard assumptions regarding the rationality of business leaders. It reviews scholarly research that documents the presence of irrational actors among senior corporate managers and considers the impact these executives might have on corporations and society. The Article focuses analysis on psychological literature that explores why risk-related decision-making often goes wrong. Research shows that many individuals have a dysfunctional approach to risk that leads them to engage in self-destructive conduct. A non-trivial number of individuals with problematic personality traits work at high levels of major corporations where they have the capacity to cause significant harm ...


Representing Mexican Clients In U.S. Courts In Claims Of Liability In Industrial Accidents, Ted Occhialino 2017 University of New Mexico

Representing Mexican Clients In U.S. Courts In Claims Of Liability In Industrial Accidents, Ted Occhialino

Ted Occhialino

No abstract provided.


The Contribution Of The Special Court For Sierra Leone To The Law On Criminal Responsibility Of Children In International Criminal Law, Ana Paula Podcameni 2017 Florida International University

The Contribution Of The Special Court For Sierra Leone To The Law On Criminal Responsibility Of Children In International Criminal Law, Ana Paula Podcameni

FIU Electronic Theses and Dissertations

The revision of laws and the application of culpability to those most responsible for serious humanitarian law violations has functioned as a necessary condition for achieving peace in most post-war societies. However, there is an embarrassing silence when it comes to addressing the question of whether children are to be subjected to the principle of individual criminal responsibility. As morally controversial as it is, the question remains fundamental. Unfortunately, children have been involved in armed conflicts, as victims primarily, but not exclusively. Children are among those accused of having committed brutal and terrible international crimes in times of armed conflict ...


El Derecho A Abortar Implica La Explotación Y El Abandono De Las Mujeres, Richard Stith 2017 Valparaiso University

El Derecho A Abortar Implica La Explotación Y El Abandono De Las Mujeres, Richard Stith

Richard Stith

No abstract provided.


Notas A Tener En Cuenta Sobre El Contradictorio Procesal, Según El Ix Pleno Casatorio Civil, A Fin De, Irónicamente, Evitar Pronunciamientos Similares Al Citado Pleno, Paul Cajacuri Jancachagua 2017 Universidad Nacional Mayor de San Marcos

Notas A Tener En Cuenta Sobre El Contradictorio Procesal, Según El Ix Pleno Casatorio Civil, A Fin De, Irónicamente, Evitar Pronunciamientos Similares Al Citado Pleno, Paul Cajacuri Jancachagua

Paul Cajacuri Jancachagua

En el IX Pleno Casatorio Civil, el tema abordado consistió en determinar si debía o no analizarce la validez del título presentado en aquellas pretensiones que se ventilen en la vía procedimental sumarísima. Asimismo, se trató de definir la amplitud del poder otorgado al Juez en virtud del artículo 220° del Código Civil.
En ese sentido, el presente artículo tiene como fin informar las variaciones en la estructura del proceso sumarísimo a raíz de los precedentes establecidos en el citado pleno casatorio.


Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky 2017 Touro Law School

Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky 2017 Selected Works

An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones 2017 Boston College Law School

The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones

Boston College Law School Faculty Papers

This Article challenges corporate governance theorists’ standard assumptions regarding the rationality of business leaders. It reviews scholarly research that documents the presence of irrational actors among senior corporate managers and considers the impact these executives might have on corporations and society. The Article focuses analysis on psychological literature that explores why risk-related decision-making often goes wrong.

Research shows that many individuals have a dysfunctional approach to risk that leads them to engage in self-destructive conduct. A non-trivial number of individuals with problematic personality traits work at high levels of major corporations where they have the capacity to cause significant harm ...


On What Matters In Comparative Constitutional Law: A Comment On Hirschl, Katharine G. Young 2017 Boston College Law School

On What Matters In Comparative Constitutional Law: A Comment On Hirschl, Katharine G. Young

Katharine G. Young

The field of comparative constitutional law has developed in interesting and exciting directions in recent years. This essay provides a comment on Ran Hirschl’s Comparative Matters: The Renaissance of Comparative Constitutional Law, a path-breaking example of the new methodologies that have become possible in the field. Its new boundaries, described not as comparative constitutional law, but as comparative constitutional studies, include comparative politics, political economy, and the broader social sciences. By contrast, this essay suggests that the field must remain anchored in law, in all of its complexity. This may at times suggest different answers, and indeed different questions ...


Sobre La Marca Figurativa «Ave»: ¿Una Cuestión De Lenguas? - Sentencia Del Tribunal General De 5 De Abril De 2017, Asunto T-367/15: Renfeoperadora / Euipo (Ave), Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

Sobre La Marca Figurativa «Ave»: ¿Una Cuestión De Lenguas? - Sentencia Del Tribunal General De 5 De Abril De 2017, Asunto T-367/15: Renfeoperadora / Euipo (Ave), Luis González Vaqué

Luis González Vaqué

El Tribunal General desestimó en su totalidad el recurso presentado por RENFE, en el que se solicitaba que el Tribunal anulara y dejara sin efecto una resolución de la División de Anulación de la Oficina de Propiedad Intelectual de la Unión Europea (EUIPO) relativa a la marca figurativa «AVE». El Tribunal sí estimó la petición de "restitutio in integrum" presentada también por la RENFE. 


Revolutionary Disobedience, Philip K. Y. Lau 2017 Barry University School of Law

Revolutionary Disobedience, Philip K. Y. Lau

Barry Law Review

Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it ...


Do Code Violations And Liens Run With The Land? Carving Out A Changing Landscape To Section 162.09(3), Florida Statutes, With Enactment Of Section 723.024, Florida Statutes, Mobile Home Park Lot Tenancies, Harry M. Hipler 2017 Barry University School of Law

Do Code Violations And Liens Run With The Land? Carving Out A Changing Landscape To Section 162.09(3), Florida Statutes, With Enactment Of Section 723.024, Florida Statutes, Mobile Home Park Lot Tenancies, Harry M. Hipler

Barry Law Review

No abstract provided.


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