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Articles 1 - 16 of 16
Full-Text Articles in Law
The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale
The Development And Evolution Of The U.S. Law Of Corporate Criminal Liability And The Yates Memo, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Christopher Buccafusco, Jonathan S. Masur
Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Christopher Buccafusco, Jonathan S. Masur
Faculty Scholarship
No abstract provided.
The Continued Relevance Of The Irrelevance-Of-Motive Maxim, Michael T. Rosenberg
The Continued Relevance Of The Irrelevance-Of-Motive Maxim, Michael T. Rosenberg
Duke Law Journal
The irrelevance-of-motive maxim-the longstanding principle that a defendant's motives are irrelevant to criminal liability-has come under attack. Critics of this maxim claim that "motives," under any plausible conception of the term, are in fact relevant in the criminal law. According to these critics, the only way to defend the truth of the irrelevance-of-motive maxim is to render it true by definition, by defining motive as the subcategory of intentions that are irrelevant to criminal liability. This Note defends the irrelevance-of-motive maxim by applying a plausible conception of "motive" that conforms to the historical meaning of the term. With the proper …
The Upside Of Overbreadth, Samuel W. Buell
The Upside Of Overbreadth, Samuel W. Buell
Faculty Scholarship
Overbreadth in criminal liability rules, especially in federal law, is abundant and much lamented. Overbreadth is avoidable if it results from normative mistakes about how much conduct to criminalize or from insufficient care to limit open texture in statutes. Social planners cannot so easily avoid overbreadth if they cannot reach behaviors for which criminalization is well justified without also reaching behaviors for which it is not. This mismatch problem is acute if persons engaging in properly criminalized behaviors deliberately alter their conduct to avoid punishment and have resources to devote to avoidance efforts. In response to such efforts, legal actors …
Grappling With “Solicitation”: The Need For Statutory Reform In North Carolina After Lawrence V. Texas, Christopher R. Murray
Grappling With “Solicitation”: The Need For Statutory Reform In North Carolina After Lawrence V. Texas, Christopher R. Murray
Duke Journal of Gender Law & Policy
Teresa Pope was charged with solicitation of the crime against nature for offering oral sex for money to two undercover police officers.5 Solicitation is an inchoate offense-like attempt or conspiracy-that relies on the criminality of the underlying conduct. 6 Although oral sex by itself cannot be criminalized post-Lawrence, the North Carolina Court of Appeals held in State v. Pope that the charge of solicitation of the crime against nature survived Lawrence by virtue of an exception in that decision allowing criminalization of prostitution. "10 In State v. Richardson, the Supreme Court of North Carolina construed this statute to apply only …
Purposes And Effects In Criminal Law, Samuel W. Buell
Purposes And Effects In Criminal Law, Samuel W. Buell
Faculty Scholarship
This brief comment, published in the Virginia Law Review's online companion, responds to Richard Bierschbach's and Alex Stein's article, Mediating Rules in Criminal Law.
Is Corporate Criminal Liability Unique?, Sara Sun Beale
Is Corporate Criminal Liability Unique?, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Mens Rea In Alaska: From Bad Thoughts To No Thoughts?, Lee Perla
Mens Rea In Alaska: From Bad Thoughts To No Thoughts?, Lee Perla
Alaska Law Review
No abstract provided.
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
Addiction, Genetics, And Criminal Responsibility, Stephen J. Morse
Law and Contemporary Problems
In light of the abundance of studies focusing on the genetic contributions to addiction, Morse develops a meaningful background on the legal and scientific images of behavior, the disease concept of addiction, and the aspects of addiction for which a person may be held legally accountable.
Genetics And Responsibility: To Know The Criminal From The Crime, Nita A. Farahany, James E. Coleman Jr.
Genetics And Responsibility: To Know The Criminal From The Crime, Nita A. Farahany, James E. Coleman Jr.
Law and Contemporary Problems
No abstract provided.
The Blaming Function Of Entity Criminal Liability, Samuel W. Buell
The Blaming Function Of Entity Criminal Liability, Samuel W. Buell
Faculty Scholarship
Application of the doctrine of entity criminal liability, which had only a thin tort-like rationale at inception, now sometimes instantiates a social practice of blaming institutions. Examining that social practice can ameliorate persistent controversy over entity liability's place in the criminal law. An organization's role in its agent's bad act is often evaluated with a moral slant characteristic of judgments of criminality and with inquiry into whether the institution qua institution contributed to the agent's wrong. Legal process, by lending clarity and authority, enhances the communicative impact, in the form of reputational effects, of blaming an institution for a wrong. …
What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat
What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat
Faculty Scholarship
Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents. Other academic critics have attacked the present definitions of corporate criminal liability. In other words, although corporate criminal liability has also had its academic champions, it has been under attack in the United States. The situation in Europe poses a sharp contrast.
When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.
When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Desert, Punishment, And Criminal Responsibility, Lloyd L. Weinreb
Desert, Punishment, And Criminal Responsibility, Lloyd L. Weinreb
Law and Contemporary Problems
No abstract provided.
Two Methods For Evaluating Duty To Rescue Proposals, Christopher H. Schroeder
Two Methods For Evaluating Duty To Rescue Proposals, Christopher H. Schroeder
Law and Contemporary Problems
No abstract provided.
Criminal Liability For Failures To Act, John Kleinig
Criminal Liability For Failures To Act, John Kleinig
Law and Contemporary Problems
No abstract provided.