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Full-Text Articles in Law

Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk May 2024

Rethinking Culpability And Wrongdoing (In The Criminal Law—And Everyday Life), T. Markus Funk

University of Cincinnati Law Review

Determining an offender’s “culpability” is fundamental to justice systems worldwide. However, this crucial concept, built on a blending of moral responsibility with legal guilt, remains significantly diluted, including in the U.S. Model Penal Code, for instance, uses an offender’s moral culpability merely to “grade” offenses and determine sentences. This approach, which is mirrored in U.S. state and federal laws and academic discourse, not only affects individual cases but also has far-reaching societal implications.

Under this prevailing perpetrator-centric approach, “harm” narrowly refers to the concrete damage (or the “injury”), such as physical pain and damage or loss of property, the perpetrator …


Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark Mar 2024

Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark

University of Cincinnati Law Review

No abstract provided.


Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette Mar 2024

Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.