Law Commons^™

Spreigl Evidence: Still Searching For A Principled Rule, Ted Sampsell-Jones

Faculty Scholarship

This article first examines how Minnesota’s character evidence doctrine developed, with a particular focus on the historical confusion regarding the propriety of the propensity inference. It then examines current case law and argues that Minnesota’s current Spreigl doctrine routinely allows propensity evidence. It finally proposes a choice between abandoning the current Spreigl doctrine and repealing the character rule itself. The author takes no position on which alternative should be chosen, but either is better than the status quo. The current doctrine in Minnesota is a Potemkin village.

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

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

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

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 …