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Full-Text Articles in Law
Standing In Reserve: A New Model For Hard Cases Of Complicity, Nicholas Almendares, Dimitri Landa
Standing In Reserve: A New Model For Hard Cases Of Complicity, Nicholas Almendares, Dimitri Landa
Articles by Maurer Faculty
The “hard cases” for the law relating to accomplices deal with the definition of what counts as aiding and abetting a crime. A retailer might sell a murder weapon in the ordinary course of business, while an accomplice might do nothing because their help was simply not needed. How do we distinguish between these cases? The Capitol Riot is a striking example of this sort of hard case because there were so many people involved in so many different and ambiguous ways. Outside of the conceptually easy cases of someone caught on camera making off with property or attacking officers, …
Racializing Algorithms, Jessica M. Eaglin
Racializing Algorithms, Jessica M. Eaglin
Articles by Maurer Faculty
There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …
"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman
"Sticky Metaphors" And The Persistence Of The Traditional Voluntary Manslaughter Doctrine, Joseph L. Hoffmann, Elise J. Percy, Steven J. Sherman
Articles by Maurer Faculty
No abstract provided.
Federalism And The Federal Criminal Law, Craig M. Bradley
Federalism And The Federal Criminal Law, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Articles by Maurer Faculty
Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates to …
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
The Executioners Sing, Joseph L. Hoffmann
The Executioners Sing, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
An Economic Analysis Of The Criminal Law As A Preference-Shaping Policy, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
In this Article I provide an economic analysis of criminal law as a preference-shaping policy. I argue that in addition to creating disincentives for criminal activity, criminal punishment is intended to promote various social norms of individual behavior by shaping the preferences of criminals and the population at large. By taking into account this preference-shaping function, I explain many of the characteristics of criminal law that have heretofore escaped the logic of the economic model. It is also the preference-shaping function and the prerequisite ordering of preferences that distinguish criminal law from tort law. My analysis suggests that society will …
Review Essay. What Makes Rape A Crime?, Lynne N. Henderson
Review Essay. What Makes Rape A Crime?, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Biblical Atonement And Modern Criminal Law, Jerome Hall
Biblical Atonement And Modern Criminal Law, Jerome Hall
Articles by Maurer Faculty
In Western civilization, a rationally ordered universe and human rationality are the central tenets of theology and moral philosophy. Conceptions, values, and principles implied by these premises have become entrenched in social and legal institutions. Concluding that religious teachings, even those of antiquity, are consistent with modern legal principles is reasonable, and almost common sense. An inquiry into whether this relationship is to any extent causal is fascinating. Professor Jerome Hall, the first President of AMINTAPHIL, discusses the relationship between the Christian doctrine of atonement and principles of modern criminal law.
Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude
Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
The Wrongs Of Victim's Rights, Lynne N. Henderson
The Wrongs Of Victim's Rights, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall
Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt
Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
This Article evaluates two different economic models of criminal law as applied to the enforcement of antitrust laws. The author argues that economic models which propose antitrust punishment be limited to fines and then to fines that are levied against only business entities, are deficient because they account for only the general deterrent effect of punishment and include a value of criminal benefit for the offender, a value not shared by society. He presents, as an alternative, a model that accounts for benefits afforded by incarceration such as the signaling of what is a criminal offense, changes in the criminal's …
Biblical Atonement And Modern Criminal Law, Jerome Hall
Biblical Atonement And Modern Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Theory And Reform Of Criminal Law, Jerome Hall
Theory And Reform Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Perennial Problems Of Criminal Law, Jerome Hall
Perennial Problems Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst
Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst
Articles by Maurer Faculty
No abstract provided.
Science And Morality Of Criminal Law, Jerome Hall
Science And Morality Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham
Book Review. The Criminal Process In The People's Republic Of China, 1949-1963 By Jerome A. Cohen, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall
Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Articles by Maurer Faculty
Professor Hall advocates a reappraisal of the current trend in criminal law of substituting expert psychiatric testimony for common-sense determinations of insanity based on the long experience of the criminal-law tradition. Holding that the average layman is as competent to recognize extreme mental illness as the psychiatric expert, the author discusses the doctrine of the "irresistible impulse" and submits that the current departures from the M'Naghten rule tend to "substitute the ideology of a particular group of psychiatrists for the principle of moral responsibility." Professor Hall suggests that realistic reform cannot be achieved without considering the "moral life and its …