Law Commons^™

Punishing Homicide In Philadelphia: Perspectives On The Death Penalty, Franklin E. Zimring, Joel Eigen, Shiela O'Malley

Franklin E. Zimring

No abstract provided.

Punishing Homicide In Philadelphia: Perspectives On The Death Penalty, Franklin E. Zimring, Joel Eigen, Shiela O'Malley

Franklin E. Zimring

No abstract provided.

United Nations Observer Mission In South Africa (Unomsa): Security Council Resolutions 772 (1992) And 894 (1994) And The South African Transition: Preventive Diplomacy And Peacekeeping, Muna Ndulo

Muna B Ndulo

No abstract provided.

United Nations Observer Mission In South Africa (Unomsa): Security Council Resolutions 772 (1992) And 894 (1994) And The South African Transition: Preventive Diplomacy And Peacekeeping, Muna Ndulo

Muna B Ndulo

No abstract provided.

Hydraulic Fracturing And The Safe Drinking Water Act, Keith B. Hall

Keith B. Hall

No abstract provided.

Overcoming Overcriminalization, Stephen Smith

Stephen F. Smith

The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …

Overcoming Overcriminalization, Stephen Smith

Stephen F. Smith

The literature treats overcriminalization (and, at the federal level, the federalization of crime) as a quantitative problem. Legislatures, on this view, have simply enacted too many crimes, and those crimes are far too broad in scope. This Article uses federal criminal law as a basis for challenging this way of conceptualizing the overcriminalization problem. The real problem with overcriminalization is qualitative, not quantitative: federal crimes are poorly defined, and courts all too often expansively construe poorly defined crimes. Courts thus are not passive victims in the vicious cycle of overcriminalization. Rather, by repeatedly interpreting criminal statutes broadly, courts have taken …

Consent To Harm, Vera Bergelson

Vera Bergelson

This article continues conversation about consent to physical harm started in Vera Bergelson, The Right to Be Hurt: Testing the Boundaries of Consent, 75 Geo. Wash. L. Rev. 165 (2007).

Intentionally injuring or killing another person is presumptively wrong. To overcome this presumption, the perpetrator must establish a defense of justification. Consent of the victim may serve as one of the grounds for such a defense. This article puts forward criteria for the defense of consent.

One element of the proposed defense is essential to both its complete and partial forms ¨C that consent of the victim be rational and …

Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum

Stephen A. Rosenbaum

No abstract provided.

Alien Cloak Of Confidentiality: Look Who's Wearing It Now, Stephen A. Rosenbaum

Stephen A. Rosenbaum

No abstract provided.

“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, Kim D. Chanbonpin

Kim D. Chanbonpin

No abstract provided.

“It’S A Kākou Thing”: The Dadt Repeal And A New Vocabulary Of Anti-Subordination, Kim D. Chanbonpin

Kim D. Chanbonpin

No abstract provided.

The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson

Robin Fretwell Wilson

Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …

The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson

Robin Fretwell Wilson

Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …

On Public Versus Private Provision Of Corporate Law, Gillian Hadfield, Eric Talley

Gillian K Hadfield

Law in modern market societies serves both democratic and economic functions. In its economic function, law is a service, a means of enhancing the value of transactions and organizations. Yet modern market economies continue to rely on the state, rather than the market, to provide this service. This paper investigates whether private provision of law may be superior to public provision. We look in particular at corporate law, where there is a substantial literature exploring the efficiency implications of "regulatory competition" and compare this competition with market competition between private providers. Drawing from the well-known framework of spatial models of …

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Doug Rendleman

No abstract provided.

International Humanitarian Law: Americas Watch's Experience In Monitoring Internal Armed Conflicts, Robert Kogod Goldman

Robert K. Goldman

No abstract provided.

The Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, Cynthia Alkon

Cynthia Alkon

Communism ended in most parts of Eastern Europe and the former Soviet Union over ten years ago. However, the legal and judicial systems in many of these nations seemingly defy reform efforts. What I call in this article the "Cookie Cutter Syndrome" describes the standard approach Western nations developed to assist legal reform in the former Communist world.' Despite vastly different conditions in these countries, the model for judicial reform remains very similar, and is rooted in litigation and adversarial practices. The question of whether an adversarial-based approach is appropriate becomes even more acute as assistance efforts focus more on …

Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen

Jonathan R. Cohen

No abstract provided.

Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries, Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen

Jonathan R. Cohen

No abstract provided.

Demystifying Fair Use: The Gift Of The Center For Social Media Statements Of Best Practices, Anthony Falzone, Jennifer Urban

Jennifer M. Urban

No abstract provided.

Demystifying Fair Use: The Gift Of The Center For Social Media Statements Of Best Practices, Anthony Falzone, Jennifer Urban

Jennifer M. Urban

No abstract provided.

Reflexiones Jurídicas Sobre El Atentado Contra Juan Pablo Ii A La Luz Del Debido Proceso.®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo

¿Qué sentido tiene que la oficial americana inculpe a un musulmán de un ilícito que posiblemente no cometió? ¿Qué sentido tiene generar un conflicto con los musulmanes, si la Santa Sede mantiene un diálogo interreligioso, respetuoso y pacífico con los musulmanes?

Incoherencias Y Vacíos En La Sentencia Del Vii Pleno Casatorio, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.

Konstantinos G. Margaritis, The Treaty Of Lisbon And The Protection Of Fundamental Rights In The European Union (2015) (Unpublished Ph.D. Dissertation, Law School Of National And Kapodistrian University Of Athens), Citing Tillman & Tillman's Fragment On Shall & May, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Konstantinos G. Margaritis, The Treaty of Lisbon and the protection of fundamental rights in the European Union (2015) (unpublished Ph.D. dissertation, Law School of National and Kapodistrian University of Athens) (on file with author), citing Tillman & Tillman's A Fragment on Shall and May.

[10 December 2015]

Is There A Way In The Labyrinth Of Treaty Norms Leading To The Applicable Rule? Investor-State Investment Settlement Under The China-Korea Fta, China-Japan-Korea Bit And China-Korea Bit, Q Kong

q kong

With the signature of the Free Trade Agreement between the People’s Republic of China and the Republic of Korea (CK FTA) in 2015 and its incoming ratification, there will be three sets of rules with respect to investment flow between China and Korea, i.e., The Agreement among the Government of the People’s Republic of China, the Government of Japan and the Government of the Republic of Korea on the Promotion and Protection of Investment (CKJ BIT, 2013) , the Agreement of the Government of the People’s Republic of China and the Government of the Republic of Korea on the Promotion …

Not All Black And White, Alan E. Garfield

Alan E Garfield

No abstract provided.

Are They Worth Reading? An In-Depth Analysis Of Online Trackers’ Privacy Policies, Candice Hoke, Lorrie Faith Cranor, Pedro Giovanni Leon, Alyssa Au

Lorrie F Cranor

We analyzed the privacy policies of 75 online tracking companies with the goal of assessing whether they contain information relevant for users to make privacy decisions. We compared privacy policies from large companies, companies that are members of self-regulatory organizations, and nonmember companies and found that many of them are silent with regard to important consumer-relevant practices including the collection and use of sensitive information and linkage of tracking data with personally-identifiable information. We evaluated these policies against self-regulatory guidelines and found that many policies are not fully compliant. Furthermore, the overly general requirements established in those guidelines allow companies …