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Articles 1 - 10 of 10
Full-Text Articles in Law
A Few Questions About The Social-Obligation Norm, Jedediah Purdy
A Few Questions About The Social-Obligation Norm, Jedediah Purdy
Faculty Scholarship
Reponse to an article by Gregory S. Alexander, 'The Social-obligation Norm in American Property Law,' in a Special Issue of the Journal on Property Obligation.
The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams
The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams
Faculty Scholarship
No abstract provided.
Marriage As A Message: Same-Sex Couples And The Rhetoric Of Accidental Procreation, Kerry Abrams, Peter Brooks
Marriage As A Message: Same-Sex Couples And The Rhetoric Of Accidental Procreation, Kerry Abrams, Peter Brooks
Faculty Scholarship
In his dissent in the 2003 case Goodridge v. Department of Health, Justice Robert Cordy of the Massachusetts Supreme Court introduced a novel argument in support of state bans on same-sex marriage: that marriage is an institution designed to create a safe social and legal space for accidental heterosexual reproduction, a space that is not necessary for same-sex couples who, by definition, cannot accidentally reproduce. Since 2003, every state appellate court considering a same-sex marriage case has adopted Justice Cordy's dissent until the recent California Supreme Court decision In Re Marriage Cases. In case after case, courts have held that …
Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams
Becoming A Citizen: Marriage, Immigration, And Assimilation, Kerry Abrams
Faculty Scholarship
No abstract provided.
American Law And Transnational Corruption: Is There A Need For Lincoln’S Law Abroad?, Paul D. Carrington
American Law And Transnational Corruption: Is There A Need For Lincoln’S Law Abroad?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Criminal Lying, Prosecutorial Power, And Social Meaning, Lisa Kern Griffin
Criminal Lying, Prosecutorial Power, And Social Meaning, Lisa Kern Griffin
Faculty Scholarship
This article concerns the prosecution of defensive dishonesty in the course of federal investigations. It sketches a conceptual framework for violations of 18 U.S.C. § 1001 and related false-statement charges, distinguishes between harmful deception and the typical investigative interaction, and describes the range of lies that fall within the wide margins of the offense. It then places these cases in a socio-legal context, suggesting that some false-statement charges function as penalties for defendants’ refusal to expedite investigations into their own wrongdoing. In those instances, the government positions itself as the victim of the lying offense and reasserts its authority through …
Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Faculty Scholarship
This Article continues our project of applying new findings in the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. When a state decides how to punish criminal offenders, at least one important consideration is the amount of harm any given punishment is likely to inflict. It would be undesirable, for example, to impose greater harm on those who commit less serious crimes or to impose harm that rises to the level of cruelty. Our penal system fits punishments to crimes primarily by adjusting the size of monetary fines and the length of prison …
Book Review, Jennifer L. Behrens
Book Review, Jennifer L. Behrens
Faculty Scholarship
reviewing, Charles J. Ogletree, Jr. & Austin Sarat eds., When Law Fails: Making Sense of Miscarriages of Justice, (2009)
Making Good On Good Intentions: The Critical Role Of Motivation In Reducing Implicit Workplace Discrimination, Katharine T. Bartlett
Making Good On Good Intentions: The Critical Role Of Motivation In Reducing Implicit Workplace Discrimination, Katharine T. Bartlett
Faculty Scholarship
Discrimination in today’s workplace is largely implicit, making it ambiguous and often very difficult to prove. Employment discrimination scholars have proposed reforms of Title VII to make implicit discrimination easier to establish in court and to expand the kinds of situations to which liability attaches. The reform proposals reflect a broad consensus that strong legal norms are crucial to addressing the problem. Yet it is mistaken to assume that strengthening plaintiffs’ hands in implicit discrimination cases will necessarily achieve the long-term goal of reducing its occurrence. This Article brings together several strands of social science research showing that (1) implicit …
No Future Without (Personal) Forgiveness: Re-Examining The Role Of Forgiveness In Transitional Justice, John D. Inazu
No Future Without (Personal) Forgiveness: Re-Examining The Role Of Forgiveness In Transitional Justice, John D. Inazu
Faculty Scholarship
The role of forgiveness has been much discussed in the literature on transitional justice, but a basic point has been muddled: most acts of forgiveness are inherently personal and cannot be achieved by state actors alone. What I call personal forgiveness is extended by a single human victim who has been harmed by a wrongdoer. Personal forgiveness is distinguishable from three other forms of forgiveness: group forgiveness, legal forgiveness (a form of group forgiveness), and political forgiveness. In the context of transitional justice, I argue that: (1) personal forgiveness is a necessary condition for political forgiveness; (2) group forgiveness (including …