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Full-Text Articles in Law
The Curious Case Of Corporate Criminality, Erik Luna
The Curious Case Of Corporate Criminality, Erik Luna
Scholarly Articles
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Reviewing Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Reviewing Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Scholarly Articles
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Book Review, Victor Peskin, International Justice In Rwanda And The Balkans: Virtual Trials And The Struggle For State Cooperation (2008), Mark A. Drumbl
Book Review, Victor Peskin, International Justice In Rwanda And The Balkans: Virtual Trials And The Struggle For State Cooperation (2008), Mark A. Drumbl
Scholarly Articles
Implementation of the law requires strategic cooperation. No surprise there: It does so even in the most taut domestic polity. Law is intrinsically contingent. And political. But what does the particularly acute dependency of international criminal law on political cooperation teach us about its pertinence? Its promise? Its limits? It is one thing to assess the functionality of international criminal law. It is another to gauge the value of international criminal law, when actuated through adversarial trials, in reconstituting shattered communities; and its effectiveness as a tool of transitional justice. At its core, Virtual Trials is an analysis about functionality. …
Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Scholarly Articles
Can an actor justify criminal conduct when he was criminally culpable in creating the conditions making it necessary? Virtually every American jurisdiction answers that he cannot and bars the necessity defense under those circumstances. Whereas many scholars have condemned that response, this Article takes the very different view that the exclusion of the defense for purposeful, knowing, and reckless criminal conduct that directly causes the conditions leading to the allegedly justified act represents a sound retributivist check on what is an otherwise cruder evaluation of whether conduct is socially valuable, worthy of praise, or, in a word, justified. Criminal "created …