Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Football Most Foul, William A. Birdthistle
Football Most Foul, William A. Birdthistle
All Faculty Scholarship
The 2006 FIFA World Cup was a disappointing display of soccer, comprising forgettable athletic contests that turned most critically on the administration of justice. Referees, more than athletes, emerged as the central protagonists in each game by providing the most dramatic plot twist - either by handing out red cards, which they did at a record pace, or awarding penalty kicks, which provided the winning goal in almost ten percent of the tournament's games. For much of the viewing public, the footballers' performances were even more deplorable, as players constantly flopped to the ground at minor or nonexistent contact and …
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
All Faculty Scholarship
There is uneasy tension in the criminal law between the doctrines of mens rea and the defense of legal insanity. Last term, the Supreme Court addressed both these issues, but failed to clarify the relation between them. Using a wide range of interdisciplinary materials, this article discusses the broad doctrinal, theoretical, and normative issues concerning responsibility that arise in this context. We clarify the meaning of mental disorder, mens rea and legal insanity, the justification for and the relation between the latter two, and the relation among all three. Next we consider the reasoning in Clark, and for the most …