Law Commons^™

Are Shaming Punishments Beautifully Retributive? Retributivism And The Implications For The Alternative Sanctions Debate, Dan Markel

Vanderbilt Law Review

In the last few years, scholars and policymakers in the area of criminal justice have focused an increasing amount of attention on two topics. The first is the retributivist theory of punishment ("retributivism");' the second is the development of alternative sanctions to the orthodoxy of incarcerating criminals in publicly managed prisons. This Article is about what connections may properly be drawn between what justifies punishment and how we actually go about punishing offenders.

A preliminary word on retributivism may be helpful. Retributivism is a theory about retribution, and retribution's features, or its definition, may be understood in either a weak …

Race, Reputation, And The Supreme Court: Valuing Blackness And Whiteness, Fran Lisa Buntman Phd.

University of Miami Law Review

No abstract provided.

Tragedy And Due Process, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The attacks on September 11 shocked the United States. The very heart of our collective understanding of the order of things was struck. This tragedy allowed many to stand up and show courage. One such anecdote involves a condemned Texas inmate and Governor Rick Perry's assurance that due process would be ensured.

Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.

The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel

University of Arkansas at Little Rock Law Review

No abstract provided.

Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas

University of Arkansas at Little Rock Law Review

No abstract provided.

How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Law Against Order: Human Rights Organizations And (Versus?) The Palestinian Authority, Lisa Hajjar

University of Miami Law Review

No abstract provided.

Problem-Setting And Serving The Organizational Client: Legal Diagnosis And Professional Independence, Robert Eli Rosen

University of Miami Law Review

No abstract provided.

The Gate(Way)S Of Hell And Pathways To Purgatory: Eradicating Common Law Protections In The Newly Sculpted Character Evidence Rules Of The United Kingdom's 2003 Criminal Justice Act, Chris Chambers Goodman

University of Miami Law Review

No abstract provided.

The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

From The Punitive City To The Gated Community: Security And Segregation Across The Social And Penal Landscape, Mona Lynch

University of Miami Law Review

No abstract provided.

Gift Encounters: Conceptualizing The Elements Of Begging Conduct, Joe Hermer

University of Miami Law Review

No abstract provided.

Java Jive: Genealogy Of A Juridical Icon, Michael Mccann, William Haltom, Anne Bloom

University of Miami Law Review

No abstract provided.

Sanctioning Government: Explaining America's Severity Revolution, Jonathan Simon

University of Miami Law Review

No abstract provided.

The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard

Osgoode Hall Law Journal

This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …

Shooting Blanks: The Supreme Court's Flawed Analysis In Mcdonald V. City Of Chicago, Emily Horowitz

University of Miami Law Review

No abstract provided.

Laborious Law, Bas De Gaay Fortman

Human Rights & Human Welfare

Inaugural Address at Utrecht University, on the occasion of accepting the Chair in Political Economy of Human Rights 21 MAY 2001

This paper may be freely circulated, either electronically or on paper, on condition that it not be modified in any way and that the rights of the author are in no way infringed. You may provide a link to this paper on any Web site. You may not, however, post it on another site without the author's express permission.

Profiling Profiling And Suicidal Terrorism, Ibpp Editor

International Bulletin of Political Psychology

This article describes chronic flaws in developing profiles that are intended to help prevent or minimize suicidal terrorism.

Public Interest Litigation In A Comparative Context, Jayanth Kumar Krishnan

Buffalo Public Interest Law Journal

No abstract provided.

Russian Jewry: The History Of Survival, Polina Tomashevsky

Buffalo Human Rights Law Review

No abstract provided.

Neglected Stories And Civic Space, Peggy Cooper Davis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A General Theory Of Cultural Diversity, Steven A. Ramirez

Michigan Journal of Race and Law

This Article seeks to extend the analysis of these developments in the corporate world to anti-discrimination law under the Equal Protection Clause of the Fourteenth Amendment. This Article will show that discrimination based upon cultural insights or experiences is distinct from race discrimination and will articulate a general theory of why and under what circumstances this holds true. The difference between culture-based discrimination and using culture as a proxy for race (Which would then be race discrimination) requires a careful and non-mythological understanding of what race is, and what race is not. Moreover, showing that culture discrimination is not prohibited …

The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu

Michigan Journal of Race and Law

This speech covers three points. First, a brief summary of the failed federal criminal prosecution of Wen Ho Lee is given. Second, Wu talks about the racial profiling used in this case. Third, Wu talks about the possibilites for Asian Americans and other racial minorities to engage in principled activism to overcome these unfortunate trends.

Reconsidering The Abuse That Dare Not Speak Its Name: A Criticism Of Recent Legal Scholarship Regarding Same-Gender Domestic Violence, Ryiah Lilith

Michigan Journal of Gender & Law

This article argues that while recent legal scholarship effectively disputes the applicability of a gendered model of domestic violence to same-gender abuse, it goes too far in embracing a completely gender-neutral model. Part I explains the theoretical problems with the non-gendered model of domestic violence by examining in detail the research which is most often cited in legal writings in support of this model. Part II briefly explores the pragmatic implications for lesbian and gay male victims of domestic violence when law enforcement policies such as mandatory arrest are based on a model of domestic violence which ignores contexts such …

Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller

Michigan Journal of Gender & Law

This article considers the anxieties about masturbation and spermatorrhoea from the standpoint of cultural-legal analysis. Seen from this perspective, the worries about masturbation provided an object onto which social anxieties could be displaced and thereby managed. Norm entrepreneurs who played on public fears manipulated basic cultural polarities in order to present masturbation and spermatorrhoea as objects of horror and disgust-things that needed to be expelled, if possible, from the body social.

Harmonization Or Homogenization? The Globalization Of Law And Legal Ethics--An Australian Viewpoint, Steven Mark

Vanderbilt Journal of Transnational Law

This Article examines the pressures of globalization on the practice of law and legal ethics from an Australian perspective. The Article first examines the positive aspects of globalization and then turns to the potentially disruptive and homogenizing aspects of globalization upon indigenous and non-Western societies. Next, the Article considers how globalization threatens to disrupt tradition and culture in Western societies, specifically focusing on the tradition of the law and legal practice. Finally, the Author discusses the response of the Australian legal profession to the demands of globalization. The Author examines changes that have been implemented to the legal practice and …

A Drug By Any Other Name Is Still A Drug: Why The Florida Judiciary Should Start Treating Dui As Any Other Drug Offense, Gail Sasnett-Stauffer, E. John Gregory

University of Florida Journal of Law & Public Policy

No abstract provided.

Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

No abstract provided.

A Look Back—One Lawyer's View, W. Dexter Douglass

University of Florida Journal of Law & Public Policy

No abstract provided.