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United States Judicial System Failures And Solutions, Braden P. Barker 2021 Kutztown University of Pennsylvania

United States Judicial System Failures And Solutions, Braden P. Barker

English Department: Research for Change - Wicked Problems in Our World

For years, the American judicial system has unfairly punished the American people. These actions have led to serious societal consequences. We have prisons that sentence people to harsh punishment for nonviolent offenses, an overfunded and militarized police force, and racial biases that lead to the tragic killings of black people at the hands of the police that are intended to protect and serve us. This essay looks to diagnose the United States judicial system’s woes. More importantly, we take a look at what steps can be taken immediately to begin reversing the negative impact of these issues.


Objective Punishment, Anthony M. Dillof 2021 Wayne State University Law School

Objective Punishment, Anthony M. Dillof

University of Cincinnati Law Review

No abstract provided.


The Moral Ambiguity Of Public Prosecution, Gabriel S. Mendlow 2021 University of Michigan Law School

The Moral Ambiguity Of Public Prosecution, Gabriel S. Mendlow

Articles

Classic crimes like theft and assault are in the first instance wrongs against individuals, not against the state or the polity that it represents. Yet our legal system denies crime victims the right to initiate or intervene in the criminal process, relegating them to the roles of witness or bystander—even as the system treats prosecution as an institutional analog of the interpersonal processes of moral blame and accountability, which give pride of place to those most directly wronged. Public prosecution reigns supreme, with the state claiming primary and exclusive moral standing to call offenders to account for their wrongs ...


Can Sandel Dethrone Meritocracy?, Robert L. Tsai 2021 Boston University School of Law

Can Sandel Dethrone Meritocracy?, Robert L. Tsai

Faculty Scholarship

This is an invited review essay of Michael Sandel, The Tyranny of Merit: What's Become of the Common Good? (FSG 2020), for the inaugural issue of The American Journal of Law and Inequality (R. Kennedy, M. Minow, C. Sunstein, eds.). Sandel makes three principal arguments: (1) meritocracy is deeply flawed because it worsens inequality and fills meritocracy's winners with hubris and losers with shame; (2) universities should introduce a lottery into the admissions process; and (3) this reform, coupled with increased emphasis on the dignity of labor, will repair the politics of resentment that now roil our country ...


In Defense Of Moral Credibility, Paul H. Robinson, Lindsay Holcomb 2021 University of Pennsylvania Carey Law School

In Defense Of Moral Credibility, Paul H. Robinson, Lindsay Holcomb

Faculty Scholarship at Penn Law

The criminal justice system’s reputation with the community can have a significant effect on the extent to which people are willing to comply with its demands and internalize its norms. In the context of criminal law, the empirical studies suggest that ordinary people expect the criminal justice system to do justice and avoid injustice, as they perceive it – what has been called “empirical desert” to distinguish it from the “deontological desert” of moral philosophers. The empirical studies and many real-world natural experiments suggest that a criminal justice system that regularly deviates from empirical desert loses moral credibility and thereby ...


Pandemic Of Inequality: An Introduction To Inequality Of Race, Wealth, And Class, Equality Of Opportunity, Dr. Charles J. Reid, Jr. 2021 University of St. Thomas School of Law, Minnesota

Pandemic Of Inequality: An Introduction To Inequality Of Race, Wealth, And Class, Equality Of Opportunity, Dr. Charles J. Reid, Jr.

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Tale Of Two Harts; A Schlegelian Dialectic, Charles L. Barzun 2021 University of Virginia

The Tale Of Two Harts; A Schlegelian Dialectic, Charles L. Barzun

Buffalo Law Review

No abstract provided.


The Failure Of Imagination: A Theoretical And Pragmatic Analysis Of Utopianism As An Orientation For Human Life, Maverick Edwards 2021 Liberty University

The Failure Of Imagination: A Theoretical And Pragmatic Analysis Of Utopianism As An Orientation For Human Life, Maverick Edwards

Liberty University Journal of Statesmanship & Public Policy

Utopian theorists have long attempted to imagine “perfect” frameworks for human life. From Plato’s description of the ideal, state-centric society in the “Laws”, to Murray Rothbard’s anarcho-capitalist society, theorists have created a myriad of solutions they believe will fix most, if not all, human dilemmas. In analyzing these utopian projects from pragmatic and theoretical perspectives, this paper will argue that utopias are a failed project. Pragmatically, the development of utopia has a long and consistent track record of failure. Even the “successes” of utopian thought are under scrutiny, as they ultimately collapsed. Theoretically, the conceptualization of “perfection” entails ...


The Virginia Company To Chick-Fil-A: Christian Business In America, 1600–2000, Joseph P. Slaughter 2021 Seattle University School of Law

The Virginia Company To Chick-Fil-A: Christian Business In America, 1600–2000, Joseph P. Slaughter

Seattle University Law Review

The Supreme Court’s 2014 decision in Burwell v. Hobby Lobby Stores, Inc. is one of its most controversial in recent history. Burwell’s narrow 5–4 ruling states that the Religious Freedom Restoration Act of 1993 applies to closely held, for-profit corporations seeking religious exemptions to the Affordable Care Act. As a result, the Burwell decision thrust Hobby Lobby, the national craft chain established by the conservative evangelical Green family of Oklahoma City, Oklahoma, onto the national stage. Firms like Hobby Lobby and Chick-fil-A, however, reject the conventional wisdom Justice Ginsburg explained in Burwell and instead embrace an approach ...


Duress In Immigration Law, Elizabeth A. Keyes 2021 Seattle University School of Law

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in ...


Spirit Of The Corporation, Russell Powell 2021 Seattle University School of Law

Spirit Of The Corporation, Russell Powell

Seattle University Law Review

Christian theologians have analyzed the productive and destructive qualities of institutions, sometimes attributing to them human virtues and vices. In City of God, Saint Augustine describes a utopian vision of human community within a Christian context as an alternative to the flawed “City of Man.” Contemporary theologians and sociologists have described collective structures of human behavior in institutions as having a kind of “spirit” analogous to the individual human “spirit.” Institutions are then assumed to take on an existence separate from the individuals within them, and in fact, the “spirit” of an institution influences the behavior of individuals. In The ...


Religious Roots Of Corporate Organization, Amanda Porterfield 2021 Seattle University School of Law

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of ...


Transatlantic Divisions In Methods Of Inquiry About Law: What It Means For International Law, John Linarelli 2021 Touro Law Center

Transatlantic Divisions In Methods Of Inquiry About Law: What It Means For International Law, John Linarelli

Scholarly Works

It is based on a presentation at a workshop at the University of Leicester on “The Neglected Methodologies of International Law: Empirical, Socio-Legal and Comparative,” on January 31, 2018. The chapter explores a question that many have voiced but which is difficult to answer: why do differences persist in approaches to research and scholarship about international law, as between the United States and Europe, and even within the Anglo-American tradition as between British and American traditions? There are likely many reasons and this is not a study of “causes.” It is an exercise in interpretation. It locates the differences in ...


The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum 2021 WIlliam S. Boyd School of Law, UNLV

The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum

Dickinson Law Review

This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.

This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole ...


How People Judge Institutional Corruption, Elinor Amit, Eugy Han, Ann-Christin Posten, Steven Sloman 2021 University of Connecticut

How People Judge Institutional Corruption, Elinor Amit, Eugy Han, Ann-Christin Posten, Steven Sloman

Connecticut Law Review

Institutional corruption refers to actions that are legal yet carry negative consequences for the greater good. Such legal yet harmful behaviors have been observed among politicians and donors who establish quid-pro-quo relationships in exchange for money and among doctors who receive gifts from pharmaceutical companies in return for recommending the companies’ drugs. How does the general public reconcile the tension between the legal status of an action and its impact on the greater good and judge the action’s moral acceptability? We explored this question empirically by comparing the relative weight people give to the legal status of actions and ...


Shareholder Primacy And The Moral Obligation Of Directors, Mark J. Loewenstein, Jay Geyer 2021 University of Colorado Law School

Shareholder Primacy And The Moral Obligation Of Directors, Mark J. Loewenstein, Jay Geyer

Articles

One of the most written-about and important topics in corporate law is the fiduciary obligations of corporate directors. Increasingly, critics of American capitalism have urged that corporations, and implicitly, corporate directors, act in a more socially responsible fashion and thus eschew the notion that shareholder primacy is the exclusive guide to a director’s fiduciary duty. Under this view, directors must consider the effect of their actions on “stakeholders” other than shareholders and be guided by morality—doing the right thing—when making business judgments.

When directors move away from shareholder primacy, however, decision-making becomes more difficult and problematic. This ...


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Images Of Reach, Range, And Recognition: Thinking About Emotions In The Study Of International Law, Emily Kidd White 2021 Osgoode Hall Law School of York University

Images Of Reach, Range, And Recognition: Thinking About Emotions In The Study Of International Law, Emily Kidd White

Articles & Book Chapters

There is much critical potential in bringing together the philosophy of emotion and the study of international law. Narratives about legitimate political and legal authority have tended to either assume that it is possible to extricate emotions from political judgement, or to rest upon uncomplicated (and wholly demystified) assumptions about the legibility of emotions over time and place. Philosophers interested in emotion have regularly grappled with questions concerning an emotion’s reach and range (insofar that the emotion in question bears an intersubjective component), and recognition (comprehensibility) of emotions beyond one’s own social and political communities (or even beyond ...


Introduction To The Edward Elgar Research Handbook On Law And Emotion, Susan A. Bandes, Jody Lynee Madeira, Kathryn D. Temple, Emily Kidd White 2021 DePaul University College of Law

Introduction To The Edward Elgar Research Handbook On Law And Emotion, Susan A. Bandes, Jody Lynee Madeira, Kathryn D. Temple, Emily Kidd White

Articles & Book Chapters

The role of emotion in law has long been shrouded in mystery. The legal system is built on assumptions about human behavior, including assumptions about emotion. Thus, unavoidably, understanding emotion is an essential part of building a fairer, more effective system. Yet the emergence and growth of Law and Emotion as a field of study has been slowed by the belief that merely by acknowledging emotion, scholars and jurists would undermine the rule of law. It has been further hampered by the suspicion that emotions are too ephemeral or subjective to be understood in any systematic way. For too long ...


Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban 2021 Georgetown University Law Center

Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

Government lawyers and other public officials sometimes face an excruciating moral dilemma: to stay on the job or to quit, when the government is one they find morally abhorrent. Staying may make them complicit in evil policies; it also runs the danger of inuring them to wrongdoing, just as their presence on the job helps inure others. At the same time, staying may be their only opportunity to mitigate those policies – to make evils into lesser evils – and to uphold the rule of law when it is under assault. This Article explores that dilemma in a stark form: through the ...


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