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Can Criminal Law Be Controlled?, Darryl K. Brown
Can Criminal Law Be Controlled?, Darryl K. Brown
Darryl K. Brown
This review of Douglas Husak's 2008 book, Overcriminalization: The Limits of the Criminal Law, summarizes and largely endorses Husak's normative argument about the indefensible expansiveness of much contemporary criminal liability. It then offers a skeptical (or pessimistic) argument about the possibilities for a normative theory such as Husak's to have much effect on criminal justice policy in light of the political barriers to reform.
Yick Wo And The Constitutional Regulation Of Criminal Law, Darryl K. Brown
Yick Wo And The Constitutional Regulation Of Criminal Law, Darryl K. Brown
Darryl K. Brown
This comment on Jack Chin's revisionist account of the U.S. Supreme Court's Yick Wo decision elaborates on the history of and reasons for the Court's longstanding refusal to develop constitutional doctrines that limit the substantive reach of criminal law.