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Full-Text Articles in Law
A Skeptical Answer To Edmundson's Contextualism: What We Know We Lawyers Know, Rob Atkinson
A Skeptical Answer To Edmundson's Contextualism: What We Know We Lawyers Know, Rob Atkinson
Scholarly Publications
No abstract provided.
Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan
Street Legal: The Court Affords Police Constitutional Carte Blanche To Arrest, Wayne A. Logan
Scholarly Publications
This article discusses the Supreme Court's landmark 2001 decision Atwater v. City of Lago Vista, upholding the authority of police to execute warrantless arrests for menial offenses (there, failure to wear a seatbelt) so long as police have probable cause to support such arrests.
Casting New Light On An Old Subject: Death Penalty Abolitionism For A New Millennium (Reviewing Austin Sarat, When The State Kills: Capital Punishment And The American Condition (2001))., Wayne A. Logan
Scholarly Publications
This paper examines recent U.S. efforts to abolish capital punishment, using Austin Sarat's 2001 book "When the State Kills" as the centerpiece of its exploration. The book, rather than mounting a principled "frontal assault" on the death penalty, instead surveys the numerous ways in which capital punishment negatively affects American law, politics, and culture. The paper considers the broader historic significance of this tactical shift and reflects upon the consequences and prospects for its ultimate success.
On Apology And Consilience, Erin O'Hara O'Connor, Douglas Yarn
On Apology And Consilience, Erin O'Hara O'Connor, Douglas Yarn
Scholarly Publications
This Article joins the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory, and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.