Law Commons^™

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Should The Victims' Rights Movement Have Influence Over Criminal Law Formulation And Adjudication?, Paul H. Robinson

All Faculty Scholarship

The victims' rights movement has come into increasing influence in setting criminal justice policy. What can be said about where its influence should be heeded, and where it should not? With regard to substantive criminal law in particular, should the victims' rights movement have influence over its formulation and adjudication? The short answer, on which I'll elaborate below, is that it ought to have influence over criminal law formulation but not necessarily over criminal law adjudication. It ought to have influence over criminal law formulation because there is great benefit in formulations that track shared lay intuitions of justice, and …

Empirical Analysis And Administrative Law, Cary Coglianese

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Empirical research has been used to study many areas of law, including administrative law. In this article Professor Coglianese discusses the current and future role of empirical research in understanding and improving administrative rulemaking. Criticism of government regulation and calls for regulatory reform have grown in the last few decades. Empirical research is a valuable tool for designing reforms that will truly improve the effectiveness, efficiency, and legitimacy of regulatory governance. Specifically, Professor Coglianese discusses three areas of administrative law that have benefited from empirical research—economic review of new regulations, judicial review of agency rulemaking, and negotiated rulemaking.

Agencies are …

Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang

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No abstract provided.

How Apprendi Affects Institutional Allocations Of Power, Stephanos Bibas

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No abstract provided.

Enron And The Dark Side Of Shareholder Value, William W. Bratton

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No abstract provided.

An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter

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No abstract provided.

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

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No abstract provided.

Welfare Reform And Families In The Child Welfare System, Morgan B. Ward Doran, Dorothy E. Roberts

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No abstract provided.

Criminal Law Scholarship: Three Illusions, Paul H. Robinson

All Faculty Scholarship

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of …

Liberal Ideals And Political Feasibility: Guest-Worker Programs As Second-Best Policies, Howard F. Chang

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No abstract provided.

When Gender Differences Become A Trap: The Impact Of China's Labor Law On Women, Charles J. Ogletree, Rangita De Silva De Alwis

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No abstract provided.

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

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No abstract provided.

Double Helix, Double Bind: Factual Innocence And Postconviction Dna Testing, Seth F. Kreimer, David Rudovsky

All Faculty Scholarship

No abstract provided.

Meeting By Signals, Playing By Norms: Complementary Accounts Of Non-Legal Cooperation In Institutions, Edward B. Rock, Michael L. Wachter

All Faculty Scholarship

No abstract provided.