Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal Law (2)
- ACCA (1)
- Access to Justice (1)
- Bankruptcy (1)
- Bureaucracy (1)
-
- Comparative Constitutional Law (1)
- Conspiracy Law (1)
- Criminal Procedure (1)
- Discharge Litigation (1)
- Educational Debt (1)
- Emergency Powers (1)
- Empirical Studies (1)
- Gun Control (1)
- Gun Violence (1)
- Guns (1)
- Labor Conspiracies (1)
- Labor History (1)
- Labor Law (1)
- Mandatory Minimum Sentencing (1)
- Mass Incarceration (1)
- Overcriminalization (1)
- Policing (1)
- Populism (1)
- Possession Crimes (1)
- Practice And Procedure (1)
- Presidential Power (1)
- RICO (1)
- Race (1)
- Second Amendment (1)
- Stop and Frisk (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Criminal Labor Law, Benjamin Levin
Criminal Labor Law, Benjamin Levin
Scholarship@WashULaw
This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …
The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz
The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz
Scholarship@WashULaw
This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …
Taking Bankruptcy Rights Seriously, Rafael I. Pardo
Taking Bankruptcy Rights Seriously, Rafael I. Pardo
Scholarship@WashULaw
Perhaps more so than any other area of law affecting individuals of low-to-moderate means, bankruptcy poignantly presents an affordability paradox: The system’s purpose is to relieve individuals from financial distress, yet it simultaneously demands a significant commitment of resources to obtain such relief. To date, no one has undertaken a comprehensive study of the complexities and costs of the litigation burden that Congress has imposed on self-represented debtors who seek a fresh start in bankruptcy. In order to explore the problems inherent in a system that sometimes necessitates litigation as the path for vindicating a debtor’s statutory right to a …
Guns And Drugs, Benjamin Levin
Guns And Drugs, Benjamin Levin
Scholarship@WashULaw
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …