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Articles 1 - 6 of 6
Full-Text Articles in Law
Punishment As Atonement, Stephen P. Garvey
Punishment As Atonement, Stephen P. Garvey
Cornell Law Faculty Publications
How would punishment work in an ideal community, one in which the members of the community identify with one another? In this article, Professor Stephen Garvey argues that punishment in such a community would be understood as a form of secular penance and would form part of the process by which the wrongdoer atones for his wrongdoing. Compared to this account of punishment, which Garvey calls "punishment as atonement," other accounts fall short. The older and dominant approaches of utilitarianism and retributivism offer justifications for punishment that ignore the goal of atonement. Newer approaches, restorativism and libertarianism, recognize the importance …
Guns And Justifiable Homicide: Deterrence And Defense, Lawrence Southwick Jr.
Guns And Justifiable Homicide: Deterrence And Defense, Lawrence Southwick Jr.
Saint Louis University Public Law Review
No abstract provided.
Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison
Oklahoma Law Review
No abstract provided.
Employment Law: Burlington Industries, Inc. V. Ellerth And Faragher V. City Of Boca Raton: A Clear Rule Of Deterrence Or An Invitation To Litigate? The Supreme Court Rules On Employer Liability For Supervisory Sexual Harassment, Bryan J. Pattison
Oklahoma Law Review
No abstract provided.
Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard
Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard
Articles
Fraud in the securities markets has been a focus of legislative reform in recent years. Corporations-especially those in the high-technology industry-have complained that they are being unfairly targeted by plaintiffs' lawyers in class action securities fraud lawsuits. The corporations' complaints led to the Private Securities Litigation Reform Act of 1995 ("Reform Act"). The Reform Act attempted to reduce meritless litigation against corporate issuers by erecting a series of procedural barriers to the filing of securities class actions. Plaintiffs' attorneys warned that the Reform Act and the resulting decrease in securities class actions would leave corporate fraud unchecked and deprive defrauded …
Scared To Death: Capital Punishment As Authoritarian Terror Management, Donald P. Judges
Scared To Death: Capital Punishment As Authoritarian Terror Management, Donald P. Judges
Donald P. Judges
American capital punishment poorly serves its stated goal of deterrence, retribution, and incapacitation. It is outrageously expensive, morally troubling, and widely repudiated. Why and how, then, does it flourish here? Drawing on a social psychological theory known as “terror management,” I argue there that it is best understood as a largely non-conscious, symbolic defense against the incipient terror provoked by awareness of death. According to terror management theory, when reminded of their own mortality, people deploy a mostly non-conscious defensive process that reduces anxiety by enhancing self-esteem through identification with and protection of cultural worldview. This defense manifests in hyperpunitiveness, …