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University of Michigan Law School

Deterrence

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Full-Text Articles in Law

Classic Revisited: Penal Theory In Paradise Lost, Jillisa Brittan, Richard A. Posner Apr 2007

Classic Revisited: Penal Theory In Paradise Lost, Jillisa Brittan, Richard A. Posner

Michigan Law Review

Milton's great poem can be enjoyed as a supernatural adventure story in the epic tradition-indeed almost as a science-fiction fantasy. An incredibly powerful supernatural figure-call him Father-lives on planet Heaven somewhere in outer space, surrounded by lesser supernatural beings, called Angels. Father begets Son asexually, and declares his intent to give him vice regal authority. Infuriated at Son's being promoted over him, the foremost Angel, L leads a third of the Angels in violent rebellion against Father and Son. At first it seems the rebels will best the loyal Angels. But Father sends in Son to defeat the rebels all …


Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier Jan 2000

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Law Quadrangle (formerly Law Quad Notes)

The following article is based on "Deterrence and Distribution in the Law of Takings," 112 Harvard Law Review 997-1025 (March 1999), © 1999 by the Harvard Law Review Association, and appears here by permission. A complete version, with citations, is available from the authors or the editor of Law Quadrangle Notes.

The law of takings couples together matters that should be treated independently. Whatever the boundaries of the the Takings Clause, we think there is much to be gained by analyzing takings in terms of the clause's underlying purposes, and by understanding that efficiency and justice are best served by …