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Full-Text Articles in Law

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber Dec 1997

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan Aug 1997

Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan

Michigan Law Review

The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …