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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)
- Health Law (1)
- 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)
- It is said (1)
Articles 1 - 30 of 30
Full-Text Articles in Law
Good Faith Transferees Of U.S. Treasury Securities And Other Weird Ideas: Making Federal Commercial Law, Charles W. Mooney Jr.
Good Faith Transferees Of U.S. Treasury Securities And Other Weird Ideas: Making Federal Commercial Law, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
All Faculty Scholarship
hate crimes, criminal liability
The Article 9 Study Committee Report: Strong Signals And Hard Choices, Steven L. Harris, Charles W. Mooney Jr.
The Article 9 Study Committee Report: Strong Signals And Hard Choices, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter
Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager
Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager
All Faculty Scholarship
No abstract provided.
Taxing Prometheus: How The Corporate Interest Deduction Discourages Innovation And Risk-Taking, Michael S. Knoll
Taxing Prometheus: How The Corporate Interest Deduction Discourages Innovation And Risk-Taking, Michael S. Knoll
All Faculty Scholarship
This paper uses recent developments in the theory of optimal capital structure to demonstrate how the federal corporate income tax with an interest deduction, but without a corresponding dividend deduction, misallocates capital within the corporate sector by encouraging investment in low-risk, low-growth projects employing tangible assets over high-risk, high-growth projects employing intangible assets.
Rape, Violence, And Women's Autonomy, Dorothy E. Roberts
Rape, Violence, And Women's Autonomy, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch
Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
From Legitimacy To Logic: Reconstructing Proxy Regulation, Jill E. Fisch
From Legitimacy To Logic: Reconstructing Proxy Regulation, Jill E. Fisch
All Faculty Scholarship
On October 16, 1992, after a comprehensive review of its system of proxy regulation and after two separate amendment proposals that drew more than 1700 letters of comment from the public, the Securities and Exchange Commission (the "Commission" or the "SEC") voted to reform the federal proxy rules. The reforms were "intended to facilitate shareholder communications and to enhance informed proxy voting, and to reduce the cost of compliance with the proxy rules for all persons engaged in a proxy solicitation.' The SEC explained the amendments by stating that the rules were "impeding shareholder communication and participation in the corporate …
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
All Faculty Scholarship
In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by …
Blackmail And Other Forms Of Arm-Twisting, Leo Katz
Blackmail And Other Forms Of Arm-Twisting, Leo Katz
All Faculty Scholarship
No abstract provided.
Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts
Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Indexing The Tax Code, Reed Shuldiner
Financial Distress As A Non-Cooperative Game: A Proposal For Overcoming Obstacles To Private Workouts, Claire Oakes Finkelstein
Financial Distress As A Non-Cooperative Game: A Proposal For Overcoming Obstacles To Private Workouts, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank
Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Motherhood And Crime, Dorothy E. Roberts
Motherhood And Crime, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Self-Regulation, Normative Choice, And The Structure Of Corporate Fiduciary Law, William W. Bratton
Self-Regulation, Normative Choice, And The Structure Of Corporate Fiduciary Law, William W. Bratton
All Faculty Scholarship
No abstract provided.
Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts
Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
All Faculty Scholarship
No abstract provided.
Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton
Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton
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No abstract provided.
Perchance To Dream: The Global Economy And The American Dream, Michael S. Knoll
Perchance To Dream: The Global Economy And The American Dream, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer
The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.
Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.
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The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …
Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch
Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.
Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Crime, Race And Reproduction, Dorothy E. Roberts
Crime, Race And Reproduction, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
All Faculty Scholarship
No abstract provided.