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Articles 1 - 5 of 5
Full-Text Articles in Law
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
Faculty Scholarship
No abstract provided.
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Violence – Legal Justification And Moral Appraisal, Kent Greenawalt
Violence – Legal Justification And Moral Appraisal, Kent Greenawalt
Faculty Scholarship
Thought about a "Right to Violence," the subject of this symposium, is difficult. Once one has adjusted to the paradoxical conjunction of the terms "right" and "violence," and recognized that people may have rights to commit violent acts in some circumstances, one must face the disturbing fact that feelings about violence are highly colored by peculiar psychological dispositions and political ideologies. Especially in respect to violence that is committed in defiance of law, the search for fair bases of moral judgment proves elusive.
The main theme of this essay is that the law itself can provide illuminating points of reference …
Punishment, Kent Greenawalt
Punishment, Kent Greenawalt
Faculty Scholarship
Although punishment has been a crucial feature of every legal system, widespread disagreement exists over the moral principles that can justify its imposition. One fundamental question is why (and whether) the social institution of punishment is warranted. A second question concerns the necessary conditions for punishment in particular cases. A third relates to the degree of severity that is appropriate for particular offenses and offenders. Debates about punishment are important in their own right, but they also raise more general problems about the proper standards for evaluating social practices.
The main part of this theoretical overview of the subject of …
The Metastasis Of Mail Fraud: The Continuing Story Of The Evolution Of A White-Collar Crime, John C. Coffee Jr.
The Metastasis Of Mail Fraud: The Continuing Story Of The Evolution Of A White-Collar Crime, John C. Coffee Jr.
Faculty Scholarship
Justice Cardozo observed that legal principles have a tendency to expand to the limits of their logic, and Judge Friendly has added the corollary that sometimes the expansionary momentum carries the principle even beyond those limits. So it has been with the recent growth in the federal mail fraud law, as courts have applied a standardized formula- known as the "intangible rights" doctrine- to a broad range of fact patterns having relatively little in common. The result has been both to extend the net of the federal criminal sanction over an extraordinarily vast terrain and to arm the federal prosecutor …