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Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson 2017 University of Pennsylvania Law School

Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are ...


19th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2017, Department of Attorney General, State of Rhode Island 2017 Roger Williams University

19th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2017, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp 2017 Florida State University

Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp

Georgia State University Law Review

Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.

The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are ...


Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group 2017 University of Pennsylvania Law School

Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group

Faculty Scholarship

In 1973, during the “first wave” of American criminal law recodification efforts following the publication of the Model Penal Code, Delaware adopted a new criminal code. While it represented a dramatic improvement over the law it replaced, its initial clarity and utility were greatly diminished by subsequent piecemeal legislation. Delaware’s current criminal code is lengthy, inconsistent, and replete with duplicative and outdated offenses that impose disproportional punishments. This process of criminal code deterioration is not unique to Delaware and plagues other U.S. jurisdictions. In 2015, however, stakeholders in Delaware’s criminal justice system initiated a code revision process ...


Compensatory Damages Are Not For Everyone: Section 1997e(E) Of The Prison Litigation Reform Act And The Overlooked Amendment, Eleanor M. Levine 2017 Notre Dame Law School

Compensatory Damages Are Not For Everyone: Section 1997e(E) Of The Prison Litigation Reform Act And The Overlooked Amendment, Eleanor M. Levine

Notre Dame Law Review

Since the 2013 Amendment was passed, courts have continued to split regarding how to interpret § 1997e(e), but they have failed to consider whether the 2013 Amendment alters the meaning or clarifies Congress’s intentions with respect to § 1997e(e). This Note argues that the 2013 Amendment changes the plain meaning of § 1997e(e) such that it could lead to different outcomes in cases on both sides of the circuit split, ultimately concluding that it shows Congress intended the more restrictive interpretive approach to prevail. This Note further illustrates how the 2013 Amendment fails to adhere to the goals of ...


Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes 2017 National Center on Sexual Exploitation

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins 2017 National Center on Sexual Exploitation

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Does The Endowment Effect Prevail When Traders Act Strategically?, Stephan Tontrup 2017 NYU School of Law

Does The Endowment Effect Prevail When Traders Act Strategically?, Stephan Tontrup

New York University Law and Economics Working Papers

Trading is more than a personal valuation of own property. Traders try to anticipate the WTP potential buyers have for the good they want to sell. They do not focus on the value the entitlement has for them, their personal valuation is only a reservation price.

The law analyzes the Endowment Effect because it wants to protect gains from trade; most economic and psychological Endowment Effect studies by contrast are concerned with a dif-ferent question: They test theories of preference formation; unlike in trading behavior they focus the participants on their entitlement to demonstrate that valuation depends on owner-ship and ...


Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein 2017 Brooklyn Law School

Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein

Charles H. Klein

No abstract provided.


Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd 2017 Selected Works

Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles 2017 Selected Works

Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles

Mark Niles

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey S. Lubbers 2017 Selected Works

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Jeffrey Lubbers

No abstract provided.


Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod 2017 American University

Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod

Jayesh Rathod

No abstract provided.


The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang 2017 American University Washington College of Law

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Janie A Chuang

By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.


Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen 2017 IIT Chicago-Kent College of Law

Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen

Boston College Law Review

The Trump administration inherits the Obama administration’s policy of under-enforcing federal marijuana laws and a nation with a patchwork of divergent state laws. Although allowing diversity and experimentation, such divergence may impose spillover costs to some states. Some states may attempt to address these costs by exercising extraterritorial regulatory powers on their citizens. Although it is unclear and a matter of dispute whether and to what extent states have such extraterritorial authority, this Article shows that it is certain that Congress has power to set the bounds of state extraterritorial regulation, subject to only limited constitutional restraints. The Article ...


Marijuana Legalization And Nosy Neighbor States, Alex Kreit 2017 Thomas Jefferson School of Law

Marijuana Legalization And Nosy Neighbor States, Alex Kreit

Boston College Law Review

As more states proceed with marijuana legalization laws, questions have arisen about how to accommodate those states that wish to retain prohibition. For instance, in 2014, Oklahoma and Nebraska unsuccessfully sued Colorado based on the spillover effects that Colorado’s marijuana legalization law had on its neighboring states. This article asserts that there are several reasons why state marijuana legalization laws are unlikely to have a large effect on neighboring states. First, marijuana is not a previously unobtainable good being introduced into the stream of commerce, as it is already available through the black market inexpensively. Second, legalization laws have ...


Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen 2017 Abbott & Kindermann, Inc.

Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen

Pace Environmental Law Review

This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation ...


Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace 2017 University of Colorado Law School

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

  • U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
  • U.S. Department of ...


The Roberts Court And Freedom Of Speech, Erwin Chemerinsky 2017 University of California, Irvine School of Law

The Roberts Court And Freedom Of Speech, Erwin Chemerinsky

Erwin Chemerinsky

This is an edited version of a speech delivered on December 16, 2010 in Washington, D.C., as part of the Federal Communications Bar Association's Distinguished Speaker Series. This speech was given by Dean Erwin Chemerinsky in December 2010 as part of the FCBA's Distinguished Speaker Series. In the speech, Dean Chemerinsky offers his perspectives on and analysis of the Supreme Court's position on freedom of speech in recent years. He highlights important recent freedom of speech decisions made by the Roberts Court, and gives some projections as to where the court is heading in the years ...


Procedural Due Process Claims, Erwin Chemerinsky 2017 Selected Works

Procedural Due Process Claims, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


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