Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Jurisprudence (4)
- Legal Philosophy (4)
- Law and Society (3)
- Moral and Political Philosophy (3)
- Social Welfare (3)
-
- Computer Law (2)
- Legal Ethics (2)
- Legal Profession (2)
- Philosophy (2)
- Privacy Law (2)
- Biography (1)
- Courts (1)
- Criminal Law (1)
- Criminal Law and Procedure (1)
- Economics (1)
- Employment Law (1)
- Feminism (1)
- Gender Studies (1)
- Law and Technology (1)
- Legal Studies (1)
- Mental Health Law (1)
- Philosophy and Law (1)
- Professional Ethics (1)
- Professional Responsibility (1)
- Race Relations (1)
- Science and Technology (1)
- Women (1)
Articles 31 - 34 of 34
Full-Text Articles in Law
Positivism And The Notion Of An Offense, Claire Oakes Finkelstein
Positivism And The Notion Of An Offense, Claire Oakes Finkelstein
All Faculty Scholarship
While the United States Supreme Court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. The asymmetry between substance and procedure seems natural given the demise of Lochner and the minimalist stance towards due process outside the area of fundamental rights. This Article, however, argues that the "positivistic" approach to defining criminal offenses stands in some tension with other basic principles, both constitutional and moral. In particular, two important constitutional guarantees depend on the notion of an offense: the presumption of innocence and the ban on double jeopardy. Under …
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Possibility Of A Fair Paretian, Howard F. Chang
The Possibility Of A Fair Paretian, Howard F. Chang
All Faculty Scholarship
No abstract provided.
When The Rule Swallows The Exception, Claire Oakes Finkelstein
When The Rule Swallows The Exception, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.