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Criminal Law

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Criminal Law and Procedure

2011

Articles 1 - 6 of 6

Full-Text Articles in Law

Apprendi And The Dynamics Of Guilty Pleas, Stephanos Bibas Nov 2011

Apprendi And The Dynamics Of Guilty Pleas, Stephanos Bibas

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No abstract provided.


Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey Jan 2011

Response To Beth Richie’S Black Feminism, Gender Violence And The Build-Up Of A Prison Nation, Kimberly D. Bailey

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No abstract provided.


Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey Jan 2011

Lost In Translation: Domestic Violence, "The Personal Is Political," And The Criminal Justice System, Kimberly D. Bailey

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No abstract provided.


Punishment As Contract, Claire Oakes Finkelstein Jan 2011

Punishment As Contract, Claire Oakes Finkelstein

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This paper provides a sketch of a contractarian approach to punishment, according to a version of contractarianism one might call “rational contractarianism,” by contrast with the normative contractarianism of John Rawls. Rational contractarianism suggests a model according to which rational agents, with maximal, rather than minimal, knowledge of their life circumstances, would agree to the outlines of a particular social institution or set of social institutions because they view themselves as faring best in such a society governed by such institutions, as compared with a society governed by different institutional schemes available for adoption. Applied to the institution of punishment, …


The Myth Of The Fully Informed Rational Actor, Stephanos Bibas Jan 2011

The Myth Of The Fully Informed Rational Actor, Stephanos Bibas

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No abstract provided.


Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas Jan 2011

Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas

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No abstract provided.