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- An element in determining liability or grade of offense. What is objectionable (1)
- And generally is not held to be (1)
- And what generally has been prohibited (1)
- Anti-religion (1)
- Anti-sexual preference (1)
- As well as dangers of infringing constitutionally protected speech or expressive conduct. One might conclude that (1)
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- Hate motivation is best avoided as an offense or grading element (1)
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- In favor of more objective factors present in such offenses. A promising alternative is the criminalization of conduct that is intended to cause (or risk) intimidation or terror of an identifiable group. That alternative avoids the possibility of First Amendment problems and is consistent with mainstream criminal law theory by punishing an actor according to the extent of the harm caused (1)
- Income Taxation (1)
- Is use of an actor's character or general set of values as an element of liability or grading; but motive is not character. By keeping the law's focus only upon the character attributes relevant to the conduct constituting the offense (1)
- It does not follow that motive is necessarily the best criterion for defining the harms and evils that hate crimes seek to punish. Using an actor's bigoted motivation as a defining characteristic creates special difficulties in implementation and application (1)
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Articles 1 - 30 of 115
Full-Text Articles in Law
Giant: A Higginbotham Memoir, John P. Frank
Giant: A Higginbotham Memoir, John P. Frank
University of Pennsylvania Law Review
No abstract provided.
A. Leon Higginbotham, Jr.: I Felt That Justice Could Overcome Anything, Louis H. Pollak
A. Leon Higginbotham, Jr.: I Felt That Justice Could Overcome Anything, Louis H. Pollak
University of Pennsylvania Law Review
No abstract provided.
Determinacy, Objectivity, And Authority, Jules L. Coleman, Brian Leiter
Determinacy, Objectivity, And Authority, Jules L. Coleman, Brian Leiter
University of Pennsylvania Law Review
No abstract provided.
A. Leon Higginbotham, Jr.: The Man, Edward R. Becker
A. Leon Higginbotham, Jr.: The Man, Edward R. Becker
University of Pennsylvania Law Review
No abstract provided.
What Makes A Judge Great: To A. Leon Higginmotham, Jr., Guido Calabresi
What Makes A Judge Great: To A. Leon Higginmotham, Jr., Guido Calabresi
University of Pennsylvania Law Review
No abstract provided.
Honorable A. Leon Higginbotham, Jr.: Teacher, Mentor, And Friend, Anne Whatley Chain
Honorable A. Leon Higginbotham, Jr.: Teacher, Mentor, And Friend, Anne Whatley Chain
University of Pennsylvania Law Review
No abstract provided.
Tribute To A Scholar, A Wise Jurist, And A Role Model, Ronald K. Noble
Tribute To A Scholar, A Wise Jurist, And A Role Model, Ronald K. Noble
University of Pennsylvania Law Review
No abstract provided.
A. Leon Higginbotham, Jr., Bernard Wolfman
A. Leon Higginbotham, Jr., Bernard Wolfman
University of Pennsylvania Law Review
No abstract provided.
Legacy And Future Of Corrections Litigation, Susan P. Sturm
Legacy And Future Of Corrections Litigation, Susan P. Sturm
University of Pennsylvania Law Review
No abstract provided.
Private Property Without Lochner: Toward A Takings Jurisprudence Uncorrupted By Substantive Due Process, Glen E. Summers
Private Property Without Lochner: Toward A Takings Jurisprudence Uncorrupted By Substantive Due Process, Glen E. Summers
University of Pennsylvania Law Review
No abstract provided.
Finding A Right In State Constitutions For Community Treatment Of The Mentally Ill, Antony B. Klapper
Finding A Right In State Constitutions For Community Treatment Of The Mentally Ill, Antony B. Klapper
University of Pennsylvania Law Review
No abstract provided.
Informal Methods Of Judicial Discipline, Charles Gardner Geyh
Informal Methods Of Judicial Discipline, Charles Gardner Geyh
University of Pennsylvania Law Review
No abstract provided.
Keeping The Door Open: A Middle Ground On The Question Of Affirmative Duty In The Public Schools, Michael Gilbert
Keeping The Door Open: A Middle Ground On The Question Of Affirmative Duty In The Public Schools, Michael Gilbert
University of Pennsylvania Law Review
No abstract provided.
Masthead, Editors
Resignations And Removals: A History Of Federal Judicial Service-And Disservice-1789-1992, Emily Field Van Tassel
Resignations And Removals: A History Of Federal Judicial Service-And Disservice-1789-1992, Emily Field Van Tassel
University of Pennsylvania Law Review
No abstract provided.
Who May Discipline Or Remove Federal Judges A Constitutional Analysis, Peter M. Shane
Who May Discipline Or Remove Federal Judges A Constitutional Analysis, Peter M. Shane
University of Pennsylvania Law Review
No abstract provided.
Decentralized Self-Regulation, Accountability, And Judicial Independence Under The Federal Judicial Conduct And Disability Act Of 1980, Jeffrey N. Barr, Thomas E. Willging
Decentralized Self-Regulation, Accountability, And Judicial Independence Under The Federal Judicial Conduct And Disability Act Of 1980, Jeffrey N. Barr, Thomas E. Willging
University of Pennsylvania Law Review
No abstract provided.
Breach Of Employee Confidentiality: Moving Toward A Common-Law Tort Remedy, Scott L. Fast
Breach Of Employee Confidentiality: Moving Toward A Common-Law Tort Remedy, Scott L. Fast
University of Pennsylvania Law Review
No abstract provided.
Technology And Distribution As Organizational Elements Within International Strategic Alliances, Jeffery Atik
Technology And Distribution As Organizational Elements Within International Strategic Alliances, Jeffery Atik
University of Pennsylvania Journal of International Law
No abstract provided.
The Laws And Politics Of Reprivatization In East-Central Europe: A Comparison, Anna Gelpern
The Laws And Politics Of Reprivatization In East-Central Europe: A Comparison, Anna Gelpern
University of Pennsylvania Journal of International Law
No abstract provided.
The German Federal Cartel Office And The Application Of Competition Law In Reunified Germany, Andre R. Fiebig
The German Federal Cartel Office And The Application Of Competition Law In Reunified Germany, Andre R. Fiebig
University of Pennsylvania Journal of International Law
No abstract provided.
The Parallel Importation Of Unauthorized Genuine Goods: Analysis And Observations Of The Gray Market, Richard M. Andrade
The Parallel Importation Of Unauthorized Genuine Goods: Analysis And Observations Of The Gray Market, Richard M. Andrade
University of Pennsylvania Journal of International Law
No abstract provided.
Tied Aid Credits And The New Oecd Agreement, Katherine P. Rosefsky
Tied Aid Credits And The New Oecd Agreement, Katherine P. Rosefsky
University of Pennsylvania Journal of International Law
No abstract provided.
A Proposal For The International Intellectual Property Protection Of Computer Software, Robert A. Arena
A Proposal For The International Intellectual Property Protection Of Computer Software, Robert A. Arena
University of Pennsylvania Journal of International Law
No abstract provided.
The Evolving Legal Framework For Private Sector Activity In Slovenia, Cheryl W. Gray, Franjo D. Stiblar
The Evolving Legal Framework For Private Sector Activity In Slovenia, Cheryl W. Gray, Franjo D. Stiblar
University of Pennsylvania Journal of International Law
No abstract provided.
Automated Trading Systems And The Concept Of An Exchange In An International Context Proprietary Systems: A Regulatory Headache, Jan De Bel
University of Pennsylvania Journal of International Law
No abstract provided.
British Re-Nationalization And Regulation: The Government's Liability To Shareholders, Kris Williams
British Re-Nationalization And Regulation: The Government's Liability To Shareholders, Kris Williams
University of Pennsylvania Journal of International Law
No abstract provided.
Congressional Term Limits: Good Government Or Minority Vote Dilution, Anthony E. Gay
Congressional Term Limits: Good Government Or Minority Vote Dilution, Anthony E. Gay
University of Pennsylvania Law Review
No abstract provided.
Title Iii At A Crossroads: The Ordinary Course Of Business In The Home, The Consent Of Children, And Parental Wiretapping, David J. Anderman
Title Iii At A Crossroads: The Ordinary Course Of Business In The Home, The Consent Of Children, And Parental Wiretapping, David J. Anderman
University of Pennsylvania Law Review
No abstract provided.
Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein
Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein
University of Pennsylvania Law Review
No abstract provided.