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Full-Text Articles in Law

Supermajoritarian Criminal Justice, Aliza Plener Cover Jul 2019

Supermajoritarian Criminal Justice, Aliza Plener Cover

Articles

Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian-historically, unanimous-approval of a jury drawn from the community. And criminal law theorists' expressive and retributive justifications for criminal punishment implicitly rely on the existence of broad community consensus in favor of imposing it. Despite these constitutional and theoretical ideals, the criminal justice system today is majoritarian at best. Both harsh and contested, it has lost the structural mechanisms ...


An End To Arbitrary And Capricious Federal Sentencing Guidelines, Henry D. Stegner Apr 2018

An End To Arbitrary And Capricious Federal Sentencing Guidelines, Henry D. Stegner

Idaho Law Review

No abstract provided.


Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel Jan 2016

Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel

Articles

No abstract provided.


On Law-Breaking And Law's Legitimacy, Aliza Plener Cover Jan 2015

On Law-Breaking And Law's Legitimacy, Aliza Plener Cover

Articles

No abstract provided.


White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture Jan 2009

White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture

Articles

Substantive and procedural differences between criminal and civil treatment of conduct sounding in securities fraud combine to cause the following anomaly: certain false statements to investors may be actionable criminally-subjecting individual defendants to imprisonment-but not civilly-leaving victims without remedy. The imposition of criminal punishment for conduct that does not invoke civil liability risks disrupting the current scheme of securities regulation, at the expense of considerations deemed important by Congress and the courts. Moreover, the extension of criminal liability beyond the scope of civil liability debunks the assumption, which underlies the current scholarship on the civil-criminal divide, that criminal liability is ...


Of Defamation And Decisionmaking: Wiemer V. Rankin And The Abdication Of Appellate Responsibility, Dale Goble Jan 1991

Of Defamation And Decisionmaking: Wiemer V. Rankin And The Abdication Of Appellate Responsibility, Dale Goble

Articles

No abstract provided.