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Kant’S Categorical Imperative And Mandatory Minimum Sentencing, Craig Turner 2016 Washington University School of Law

Kant’S Categorical Imperative And Mandatory Minimum Sentencing, Craig Turner

Washington University Jurisprudence Review

Deterrence-based punishment systems are scattered throughout history, and exist in the American legal system today. One such method of deterrence prescribes mandatory punishments for violations of certain crimes, without regarding to underlying circumstances or an assessment of the the individual accused of such crimes. These types of sentencing requirements restrict judicial discretion and are designed to serve as an example for other would-be offenders. While perhaps justifiable under a utilitarian code of ethics, mandatory minimums are morally suspect when assessed through the lens Immanuel Kant’s Categorical Imperative.

The fundamental premise of the second formulation of Kant’s Categorical Imperative ...


Cruel And Unusual What? Toward A Unified Definition Of Punishment, Raff Donelson 2016 Northwestern University

Cruel And Unusual What? Toward A Unified Definition Of Punishment, Raff Donelson

Washington University Jurisprudence Review

This Article argues for an expanded understanding of legal punishment for American courts to use. Punishment, on this new view, includes all significant harm caused by state actors’ retributive intent and most significant harm that befalls someone as a result of the state seeking retribution against her. What commends this new definition is not that it tracks lexicographers’ or metaphysicians’ understandings of punishment; rather, this new definition aims to track relevant moral and political considerations. Importantly, the proposed definition results from an attempt to reason from the perspective of someone harmed by state practices, as that perspective has greater moral ...


Criminal Responsibility And Causal Determinism, J. G. Moore 2016 University of New South Wales

Criminal Responsibility And Causal Determinism, J. G. Moore

Washington University Jurisprudence Review

In analytical jurisprudence, determinism has long been seen as a threat to free will, and free will has been considered necessary for criminal responsibility. Accordingly, Oliver Wendell Holmes held that if an offender were hereditarily or environmentally determined to offend, then her free will would be reduced, and her responsibility for criminal acts would be correspondingly diminished. In this respect, Holmes followed his father, Dr. Holmes, a physician and man of letters. Similar theories, such as neuropsychological theories of determinism, continue to influence views on criminal responsibility, although such theories do not imply that it is physically impossible for accused ...


Is It Fair To Criminalize Possession Of Firearms By Ex-Felons?, Zack Thompson 2016 Washington University School of Law

Is It Fair To Criminalize Possession Of Firearms By Ex-Felons?, Zack Thompson

Washington University Jurisprudence Review

Steven Gomez was being held in the county jail when he learned that he had been acquitted of the charges against him. Upon hearing that Gomez would be released shortly, Imran Mir, a fellow inmate who had been charged with participating in an international drug conspiracy, offered Gomez $10,000 per person to kill the six witnesses who were going to testify against Mir. Gomez reported Mir’s offer to the jail guards. Eventually, the customs agent working on Mir’s case promised anonymity and protection to Gomez in return for his help in gathering evidence against Mir. Gomez then ...


Table Of Contents, 2016 Washington University in St. Louis

Table Of Contents

Washington University Jurisprudence Review

No abstract provided.


Faculty List, 2016 Washington University in St. Louis

Faculty List

Washington University Jurisprudence Review

No abstract provided.


Go To Your Room, Fanduel And Draftkings: Daily Fantasy Sports, New York & Paternalism, James E. Havel 2016 Washington University School of Law

Go To Your Room, Fanduel And Draftkings: Daily Fantasy Sports, New York & Paternalism, James E. Havel

Washington University Jurisprudence Review

On October 4, 2015, Ethan Haskell, an employee of DraftKings, the nation’s second-largest Daily Fantasy Sports (DFS) website, won $350,000 in prize money on FanDuel, the nation’s largest DFS website. At the time, the two companies attracted attention with their seemingly incessant national advertising campaigns that blanketed the internet, television and sports-talk radio, which promised exciting entertainment and prize money resulting from playing daily fantasy leagues without season-long commitment. Haskell’s win was newsworthy, because he had access to pertinent and non-public DraftKings information that could have been used for his gain on FanDuel. This potential insider-trading ...


Mailing Statement, 2016 Washington University in St. Louis

Mailing Statement

Washington University Jurisprudence Review

No abstract provided.


Editorial Board, 2016 Washington University in St. Louis

Editorial Board

Washington University Jurisprudence Review

No abstract provided.


Hate Speech And Double Standards, Thomas M. Keck 2016 Syracuse University

Hate Speech And Double Standards, Thomas M. Keck

Political Science

Many European states ban the public expression of hateful speech directed at racial and religious minorities, and an increasing number do so for anti-gay speech as well. These laws have been subjected to a wide range of legal, philosophical, and empirical investigation, but this paper explores one potential cost that has not received much attention in the literature. Statutory bans on hate speech leave democratic societies with a Hobson’s choice. If those societies ban incitements of hatred against some vulnerable groups, they will inevitably face parallel demands for protection of other such groups. If they accede to those demands ...


"Safer" Harbor: The Impact Of Different Models Of Safe Harbor Laws On The Criminalization Of Commercially Sexually Exploited Children In The United States, Priscila Borges Marques dos Santos 2016 Marshall University

"Safer" Harbor: The Impact Of Different Models Of Safe Harbor Laws On The Criminalization Of Commercially Sexually Exploited Children In The United States, Priscila Borges Marques Dos Santos

Theses, Dissertations and Capstones

Commercially sexually exploited children (CSEC) are commonly treated as criminals and punished for offenses committed as a result of being trafficked. Recent state-level legislative efforts have sought to prevent minors from being held criminally liable for being commercially sexually exploited. This study offers an analysis of the effects of such laws on the criminalization of CSEC through the use of ordinary least squares (OLS) regression. Data on the number of child arrests for prostitution (1995-2014) and safe harbor laws were collected from the FBI Uniform Crime Reports, the Polaris Project website, and the 2015 ECPAT report. The findings of the ...


Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos 2016 Florida A & M University College of Law

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It ...


Freedom, Legality, And The Rule Of Law, John A. Bruegger 2016 Southern New Hampshire University

Freedom, Legality, And The Rule Of Law, John A. Bruegger

Washington University Jurisprudence Review

There are numerous interactions between the rule of law and the concept of freedom. We can see this by looking at Fuller’s eight principles of legality, the positive and negative theories of liberty, coercive and empowering laws, and the formal and substantive rules of law. Adherence to the rules of formal legality promotes freedom by creating stability and predictability in the law, on which the people can then rely to plan their behaviors around the law—this is freedom under the law. Coercive laws can actually promote negative liberty by pulling people out of a Hobbesian state of nature ...


The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh 2016 University of Pennsylvania Law School

The Constitutionalization Of Indian Private Law, Shyamkrishna Balganesh

Faculty Scholarship at Penn Law

In this Essay, I examine the interaction between Indian constitutional law and Indian tort law. Using the context of the Indian Supreme Court’s dramatic expansion of its fundamental rights jurisprudence over the last three decades, I argue that while the Court’s conscious and systematic effort to transcend the public law/private law divide and incorporate concepts and mechanisms from the latter into the former might have produced a few immediate and highly salient benefits for the public law side of the system, its long terms effects on India’s private law edifice have been devastating. The Court’s ...


Modest Retributivism, Mitchell N. Berman 2016 University of Pennsylvania Law School

Modest Retributivism, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman 2016 Bard College

The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman

Senior Projects Spring 2016

The legal advancements made by western feminists from the 1960s continuing today mark a distinct shift for both the women's movement and mainstream radical feminist philosophy. This project examines the unintended consequences of the rise of the international women's movement as American feminists brought the law to bear as the primary instrument for reform to eradicate rape and violence against women. As contemporary political scholars demonstrate, legal remediation further codifies gender inequality and protective tropes that sexualize women's injury. Chapter 2 and 3 examines the intensified feminist efforts to criminalize domestic abuse at an international level, first ...


Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel 2016 Levin College of Law, University of Florida

Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel

Buffalo Law Review

No abstract provided.


A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra 2016 American Bar Foundation

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.


Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr. 2016 New York Law School

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.

Buffalo Law Review

No abstract provided.


Organic Poise: Capitalism As Law, Christopher Tomlins 2016 University of California Berkeley

Organic Poise: Capitalism As Law, Christopher Tomlins

Buffalo Law Review

No abstract provided.


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