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3113 full-text articles. Page 6 of 91.

Letter From The Editor, Emily Bowles 2017 University of Richmond

Letter From The Editor, Emily Bowles

Richmond Public Interest Law Review

No abstract provided.


2016 Symposium: Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Shannon Taylor, Brittany Anderson, Timothy S. Coyne, Tara Casey 2017 University of Richmond

2016 Symposium: Virginia's Opioid Epidemic: Treatment And Policy In The 21st Century, Shannon Taylor, Brittany Anderson, Timothy S. Coyne, Tara Casey

Richmond Public Interest Law Review

No abstract provided.


The Resurgence Of Heroin: Benefiting From The Current Political Climate, Timothy S. Coyne 2017 University of Richmond

The Resurgence Of Heroin: Benefiting From The Current Political Climate, Timothy S. Coyne

Richmond Public Interest Law Review

No abstract provided.


Bureaucracy As Violence, Jonathan Weinberg 2017 Wayne State University

Bureaucracy As Violence, Jonathan Weinberg

Michigan Law Review

Review of The Utopia of Rules: On Technology, Stupidity, and the Secret Joys of Bureaucracy by David Graeber.


Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody 2017 University of Western Ontario

Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody

Law Publications

WTO law remains relatively uncontentious whereas international investment law elicits much more debate. This article posits that the differences in reception are attributable to deeper substantive differences about what is protected under each regime. In WTO law what is protected is the sum total of all commitments and concessions under the WTO Agreement, something that can be thought of as a “public” good. When a country injures that good, the remedy is for the country to cease the injury, a requirement that naturally places emphasis on obligation. In international investment law, by contrast, what is protected is individualized to a ...


Mental Disorder And Criminal Justice, Stephen J. Morse 2017 University of Pennsylvania Law School

Mental Disorder And Criminal Justice, Stephen J. Morse

Faculty Scholarship

This paper is a chapter that will appear in ACADEMY FOR JUSTICE, A REPORT ON SCHOLARSHIP AND CRIMINAL JUSTICE REFORM (Erik Luna ed., forthcoming 2017). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements about how the criminal justice system should respond ...


Our Principled Constitution, Mitchell N. Berman 2017 University of Pennsylvania Law School

Our Principled Constitution, Mitchell N. Berman

Faculty Scholarship

Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.

Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a ...


Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson 2017 University of Pennsylvania

Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson

Faculty Scholarship

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who ...


Draft Report Of The Somali Criminal Law Recodification Initiative, Paul H. Robinson, Criminal Law Research Group 2017 University of Pennsylvania Law School

Draft Report Of The Somali Criminal Law Recodification Initiative, Paul H. Robinson, Criminal Law Research Group

Faculty Scholarship

The Government of Somalia and the International Development Law Organization (IDLO) jointly commissioned the drafting of a modern criminal code for Somalia that embodies fundamental Islamic principles. The proposed code developed by the Criminal Law Research Group in cooperation with the major Somali players of the criminal justice process is a modern and comprehensive penal code incorporating numerous cutting-edge innovations in drafting forms, code structure, and criminal law doctrine. It is also the first and only such code incorporating the major tenets and principles of Islamic law as currently practiced in Somalia. This two-volume report to the Somali Working Group ...


From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith 2017 University of Pennsylvania

From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith

Faculty Scholarship

Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft law commitments. Foreign relations law scholars typically approach these other processes from the perspective of constitutional law, seeking to determine the extent to which they are constitutionally permissible. In contrast, this Article situates the myriad ways in which the United States enters into international commitments as the product not only of constitutional law, but also of international law and administrative law. Drawing on all three strands of law provides a rich ...


High-Stakes Interpretation, Ryan D. Doerfler 2017 University of Pennsylvania Law School

High-Stakes Interpretation, Ryan D. Doerfler

Faculty Scholarship

Courts look at text differently in high-stakes cases. Statutory language that would otherwise be ‘unambiguous’ suddenly becomes ‘less than clear.’ This, in turn, frees up courts to sidestep constitutional conflicts, avoid dramatic policy changes, and, more generally, get around undesirable outcomes. The standard account of this behavior is that courts’ failure to recognize ‘clear’ or ‘unambiguous’ meanings in such cases is motivated or disingenuous, and, at best, justified on instrumentalist grounds.

This Article challenges that account. It argues instead that, as a purely epistemic matter, it is more difficult to ‘know’ what a text means—and, hence, more difficult to ...


Penn Central Take Two, Christopher Serkin 2017 Vanderbilt Law School

Penn Central Take Two, Christopher Serkin

Notre Dame Law Review

Penn Central v. New York City is the most important regulatory takings case of all time. There, the Supreme Court upheld the historic preservation of Grand Central Terminal in part because the City offset the burden of the landmarking with a valuable new property interest—a transferable development right (TDR)—that could be sold to neighboring property. Extraordinarily, 1.2 million square feet of those very same TDRs, still unused for over forty years, are the subject of newly resolved takings litigation. According to the complaint, the TDRs that saved Grand Central were themselves taken by the government, which allegedly ...


Involuntary Competence In United States Criminal Law, Stephen J. Morse 2017 University of Pennsylvania Law School

Involuntary Competence In United States Criminal Law, Stephen J. Morse

Faculty Scholarship

This is a draft of a chapter that has been accepted for publication by Oxford University Press in the forthcoming book Fitness to Plead: International and Comparative Perspectives edited by Ronnie Mackay and Warren Brookbanks due for publication in May 2018. It addresses whether the state may forcibly medicate an unwilling defendant or prisoner to restore competence in the criminal process, including competence to stand trial, competence to plead guilty and to waive trial rights, competence to represent oneself, and competence to be sentenced. It begins with a description of the doctrinal and mental health background information and the right ...


Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse 2017 University of Pennsylvania Law School

Neuroscience Evidence In Forensic Contexts: Ethical Concerns, Stephen J. Morse

Faculty Scholarship

This is a chapter in a volume, Ethics Dilemmas in Forensic Psychiatry and Psychology Practice, edited by Ezra E. H. Griffith, M.D. and to be published by Columbia University Press. The chapter addresses whether the use of new neuroscience techniques, especially non-invasive functional magnetic resonance imaging (fMRI) and the data from studies employing them raise new ethical issues for forensic psychiatrists and psychologists. The implicit thesis throughout is that if the legal questions, the limits of the new techniques and the relevance of neuroscience to law are properly understood, no new ethical issues are raised. A major ethical lapse ...


The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr. 2017 University of Pennsylvania Law School

The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr.

Faculty Scholarship

For two hundred years, the equality of creditors norm—the idea that similarly situated creditors should be treated similarly—has been widely viewed as the most important principle in American bankruptcy law, rivaled only by our commitment to a fresh start for honest but unfortunate debtors. I argue in this Article that the accolades are misplaced. Although the equality norm once was a rough proxy for legitimate concerns, such as curbing self-dealing, it no longer plays this role. Nor does it serve any other beneficial purpose.

Part I of this Article traces the historical emergence and evolution of the equality ...


Poverty Is The New Crime, Michelle Jenkins 2017 DePaul University

Poverty Is The New Crime, Michelle Jenkins

DePaul Journal for Social Justice

No abstract provided.


Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung 2017 Florida Coastal School of Law

Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung

DePaul Journal for Social Justice

No abstract provided.


Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova 2017 DePaul University

Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, 2017 DePaul University

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.


"You Have No God": An Analysis Of The Prosecution Of Genocidal Rape In International Criminal Law, Cassie Powell 2017 University of Richmond

"You Have No God": An Analysis Of The Prosecution Of Genocidal Rape In International Criminal Law, Cassie Powell

Richmond Public Interest Law Review

No abstract provided.


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