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Articles 1 - 9 of 9

Full-Text Articles in Law

Prosecutorial Decriminalization, Erik Luna Nov 2013

Prosecutorial Decriminalization, Erik Luna

Erik Luna

The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.


Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna Nov 2013

Rage Against The Machine: A Reply To Professors Bierschbach And Bibas, Erik Luna

Erik Luna

The article presents a response to the article by Professor Albert Alschuler on the administrative rulemaking in criminal law enforcement and guiding the power which was wielded by criminal justice officials. It mentions that the increase in the rate of the punishment given to the convicts is less effective in reducing the crime and enhancing public safety. It informs that bureaucratization can be considered as the means to improve the criminal process in the U.S.


Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna Nov 2013

Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna

Erik Luna

No abstract provided.


Constitutional Road Maps, Erik Luna Nov 2013

Constitutional Road Maps, Erik Luna

Erik Luna

No abstract provided.


Traces Of A Libertarian Theory Of Punishment, Erik Luna Jan 2013

Traces Of A Libertarian Theory Of Punishment, Erik Luna

Erik Luna

No abstract provided.


Beyond Breard, Erik G. Luna, Douglas J. Sylvester Jan 2013

Beyond Breard, Erik G. Luna, Douglas J. Sylvester

Erik Luna

No abstract provided.


The Curious Case Of Corporate Criminality, Erik Luna Jan 2013

The Curious Case Of Corporate Criminality, Erik Luna

Erik Luna

No abstract provided.


Mandatory Minimalism, Erik Luna, Paul Cassell Jan 2013

Mandatory Minimalism, Erik Luna, Paul Cassell

Erik Luna

One of us (Cassell) is a former federal judge nominated by President George W. Bush, now a “conservative” scholar whose work is often supportive of law enforcement, the death penalty, and the rights of crime victims. The other (Luna) is a “libertarian” who tends to be suspicious of government and adamant about abuses of power, including those by police and prosecutors, and his scholarship has expressed the need for wholesale criminal justice reform (especially in the federal system). If we could find common ground on ways to modify federal mandatory minimums, we hoped that policymakers might share this agreement, perhaps …


Psychopathy And Sentencing, Erik Luna Dec 2012

Psychopathy And Sentencing, Erik Luna

Erik Luna

No abstract provided.