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Articles 1 - 3 of 3
Full-Text Articles in Law
Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart
Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart
Sarah Montana Hart
This article argues that the American Bar Association Model Rules of Professional Conduct are not only biased in favor of Judeo-Christian biblical values, but actually are religious rules based in the Bible. The religious nature of the Model Rules affects lawyers in several different ways. There must be awareness of and a conscious choice about the nature and effects that these rules have on law students, bar applicants, and practicing lawyers.
An Unintended Casualty Of The War On Terror, Aya Gruber
An Unintended Casualty Of The War On Terror, Aya Gruber
Aya Gruber
As the dust of the Bush administration’s war on terror settles, casualties are starting to appear on the legal battlefield. The United States’ human rights reputation and the Supreme Court’s international influence lay wounded in the wake of U.S. policies that flouted international law by advocating torture, suborning indefinite detention, and erecting irregular tribunals. Through declining citation, the courts of the world are telling the Supreme Court that if it does not respect international and foreign law, international and foreign courts will not respect it. Some might object that the Supreme Court should not be lumped with the Bush administration …
A Distributive Theory Of Criminal Law, Aya Gruber
A Distributive Theory Of Criminal Law, Aya Gruber
Aya Gruber
In criminal law circles, the accepted wisdom is that there are two and only two true justifications of punishment―retributivism and utilitarianism. The multitude of moral claims about punishment can thus be reduced to two propositions: (1) Punishment should be imposed because defendants deserve it; and/or (2) punishment should be imposed because it makes society safer. At the same time, most penal scholars notice the trend in criminal law to de-emphasize intent, centralize harm, and focus on victims, but they largely write off this trend as an irrational return to antiquated notions of vengeance. This Article asserts that there is in …