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Full-Text Articles in Law
12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam Gershowitz
12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam Gershowitz
Adam M. Gershowitz
Over the last few decades, states have imposed tougher punishments on drunk drivers. This article argues that increasing punishments is counterproductive. If legislatures are seeking to hold guilty offenders accountable and deter drunk driving, they should keep punishments low and instead abolish the right to jury trials. Under the petty offense doctrine, the Supreme Court has authorized states to abolish jury trials when defendants face a maximum sentence of six months' incarceration. Social science evidence has long demonstrated that judges are more likely to convict than juries, particularly in drunk driving cases. And researchers have also found that the certainty …
The Need To Overrule Mapp V. Ohio, William T. Pizzi
The Need To Overrule Mapp V. Ohio, William T. Pizzi
William T. Pizzi
This Article argues that it is time to overrule Mapp v. Ohio. It contends, first of all, that a tough deterrent sanction is difficult to reconcile with a system where victims are increasingly seen to have a stake in criminal cases. Secondly, the Article maintains that a tough exclusionary sanction is also inappropriate given what police are asked to do on the street and the fact that concepts such as probable cause or reasonable suspicion are inevitably matters of judgment on which opinions will differ. Thirdly, the Article challenges one of the Court’s main epistemological assumptions, namely, the insistence that …
The Instrumental Justice Of Private Law, Alan Calnan
The Instrumental Justice Of Private Law, Alan Calnan
Alan Calnan
Instrumentalists and deontologists have long battled for an exclusive theory of private law. The instrumentalists have argued that private law is merely a means to achieving any number of political or social ends. Deontologists, by contrast, have contended that the law seeks only the moral end of justice and cannot be used for anything else. In this article, I critique these extreme positions and offer an intermediate theory called “instrumental justice.” I show that the absolute instrumental view is elusive, illusory, and illiberal, while the absolute deontological view is incoherent, implausible, and in one critical respect, impossible. Instrumental justice avoids …
Free Movement Of Judgments: Increasing Deterrence Of International Cartels Through Jurisdictional Reliance, Michal Gal
Free Movement Of Judgments: Increasing Deterrence Of International Cartels Through Jurisdictional Reliance, Michal Gal
Michal Gal
This article challenges the conventional wisdom that not much can be done under the existing atomistic system of antitrust enforcement to solve the problem of sub-optimal deterrence of international cartels. Low deterrence results from two main facts: first, international cartels are generally prosecuted by only a fraction of the jurisdictions harmed by them. Second, monetary sanctions imposed by those jurisdictions are generally based only on the harm incurred to their domestic markets. To solve this problem, this article proposes a novel legal tool that would enable countries to adopt and rely upon foreign findings of international hard-core cartels, provided that …