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Full-Text Articles in Law
Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Karen H. Rothenberg
The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …
Looking For Trouble: Framing And The Dignitary Interest In The Law Of Self-Defense, Margaret Raymond
Looking For Trouble: Framing And The Dignitary Interest In The Law Of Self-Defense, Margaret Raymond
Margaret Raymond
This article addresses when an actor can be denied a claim of self-defense based on the fact that, at an earlier point in time, she could have avoided the ultimate violent encounter in which she resorted to the use of lethal force. The article analyzes the issue as a problem of “framing,” relying on research from the area of cognitive psychology to point out the critical importance of the framing of an issue to its ultimate resolution. It then identifies a persistent error in the writing of many scholars about this problem. While most commentators assert that the law draws …
The Politics Of Law And Film: Introduction To Symposium On Legal Outsiders In American Film, Jessica M. Silbey
The Politics Of Law And Film: Introduction To Symposium On Legal Outsiders In American Film, Jessica M. Silbey
Jessica Silbey
The articles collected in this Symposium Issue on Legal Outsiders in American Film are examples of a turn in legal scholarship toward the analysis of culture. The cultural turn in law takes as a premise that law and culture are inextricably intertwined. Common to the project of law and culture is how legal and cultural discourse challenge or sustain communities, identities and relations of power. In this vein, each of the articles in this Symposium Issue look closely at a film or a set of films as cultural objects which, when engaged critically, help us think about law as an …
Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall
Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall
Amy J. Sepinwall
Military spokespeople and upper echelon commanders routinely maintain that wartime atrocities are the acts of a few "bad apples." Yet, while disclaimers of responsibility from higher-ups in the chain of command often beg credulity, the law provides safe harbor for those holding command positions since it is frequently powerless to ensnare anyone but the atrocity's immediate perpetrators. This Article spans international and domestic law, and it addresses one of the doctrinal constraints on holding commanders criminally liable: the doctrine of command responsibility as it applies where commanders fail adequately to investigate or punish atrocities of their troops.
As a theoretical …
Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini
Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini
Brian Gallini
From Philly To Fayetteville: Reflections On Teaching Criminal Law In The First Year, Brian Gallini
From Philly To Fayetteville: Reflections On Teaching Criminal Law In The First Year, Brian Gallini
Brian Gallini
The Dramas Of Criminal Law: Chapter [?] Of The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
The Dramas Of Criminal Law: Chapter [?] Of The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
Mark Fenster
This essay is a chapter of a book-in-progress on the legal and cultural theory of the legal realist Thurman Arnold, who was prominent as a Yale law professor from 1932 until he joined the Justice Department as head of its antitrust division in 1938. Arnold's work focused on the symbolic role of law in governance, both as a means by which the state gains legitimacy and as a means by which those who oppose a political majority attempt to frame their opposition. As public law that defines and enforces substantive prohibitions, criminal law and procedure allowed Arnold to develop some …
Civil Law Consequences Of Corruption And Bribery In France, Michala Meiselles Ms, Beatrice Jaluzot Dr
Civil Law Consequences Of Corruption And Bribery In France, Michala Meiselles Ms, Beatrice Jaluzot Dr
Michala Meiselles Ms
A range of colourful expressions is used to describe corruption in the French language, including such expressions as “wine pots” (pots-de-vin) or “under the table” (dessous de table), which both give a hint as to the depth and age of this phenomenon. In everyday parlance, corruption is defined as the use of reprehensible means to induce somebody to act against their duty or conscience. This definition is relatively wide and reveals that corruption is a protean phenomenon. Since corruption is constantly evolving, it requires a protean set of legal measures to fight efficiently against it. Reality shows that corruption is …