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Articles 1 - 23 of 23
Full-Text Articles in Law
Carceral Progressivism And Animal Victims, Benjamin Levin
Carceral Progressivism And Animal Victims, Benjamin Levin
Scholarship@WashULaw
This chapter places the criminalization of harm to non-human animals within a larger context of left and progressive efforts to use criminal law to address social problems. This chapter treats the animal welfare movement’s turn to criminal legal solutions as a case study of the broader phenomenon of “carceral progressivism.” Specifically, the chapter identifies this case study as reflecting two particularly common features of left or progressive criminalization projects: (1) the presence of a particularly vulnerable class of victims; and (2) the claim that criminal law can send a message about society’s respect for that class of victims and condemnation …
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Articles
Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …
Expressive Eligibility, Mark D. Janis, Timothy R. Holbrook
Expressive Eligibility, Mark D. Janis, Timothy R. Holbrook
Articles by Maurer Faculty
What is the ultimate objective of the patent eligibility inquiry? The recent eligibility case law — a frenzied outpouring of opinions from many esteemed judges — has revealed little while mystifying much. Scholars haven’t fared much better, although it isn’t for lack of trying. Our scholarly colleagues have offered a multitude of intriguing new perspectives on the analysis — drawing on history, the philosophy of science, semiotics, institutional choice, and so on. But we continue to wonder exactly what the eligibility inquiry is for.
In addressing that question here, we’re following a familiar methodological tradition: we propose to reimagine eligibility …
Expressive Enforcement, Avlana Eisenberg
Expressive Enforcement, Avlana Eisenberg
Scholarly Publications
Laws send messages, some of which may be heard at the moment of enactment. But much of a law’s expressive impact is bound up in its enforcement. Although scholars have extensively debated the wisdom of expressive legislation, their discussions in the context of domestic criminal law have focused largely on enactment-related messaging, rather than on expressive enforcement. This Article uses hate crime laws—the paradigmatic example of expressive legislation—as a case study to challenge conventional understandings of the messaging function of lawmaking. The Article asks: How do institutional incentives shape prosecutors’ enforcement decisions, and how do these decisions affect the message …
The Expressive Dimension Of Eu Criminal Law, Jenia I. Turner
The Expressive Dimension Of Eu Criminal Law, Jenia I. Turner
Faculty Journal Articles and Book Chapters
Over the last decade, the European Union has begun actively legislating in the area of criminal justice. The 2009 Treaty of Lisbon expressly acknowledged the EU’s authority to pass criminal laws with respect to certain serious offenses with a cross-border dimension. This explicit grant of powers is the culmination of a remarkable evolution in the European Union’s identity — from an organization devoted primarily to economic integration to a political union that increasingly resembles a federal state.
This Article argues that the EU has used its powers to criminalize not only to address practical needs, but also to reaffirm its …
Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman
Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman
Deborah Hellman
No abstract provided.
When Is Discrimination Wrong?, Deborah Hellman
The Expressive Dimension Of Equal Protection, Deborah Hellman
The Expressive Dimension Of Equal Protection, Deborah Hellman
Deborah Hellman
No abstract provided.
The Importance Of Appearing Principled, Deborah Hellman
The Importance Of Appearing Principled, Deborah Hellman
Deborah Hellman
No abstract provided.
The Expressive Capacity Of International Punishment: The Limits Of The National Law Analogy And The Potential Of International Criminal Law, Robert D. Sloane
The Expressive Capacity Of International Punishment: The Limits Of The National Law Analogy And The Potential Of International Criminal Law, Robert D. Sloane
Faculty Scholarship
Modern international criminal law (ICL) developed in the aftermath of World War II as an alternative to the proposal, espoused by Winston Churchill among others, that major Axis war criminals be summarily executed on sight. Because of this pedigree and the unconscionable nature of the crimes, ICL jurisprudence and scholarship have largely neglected the paramount question fundamental to any criminal justice system: the justifications for and legitimate goals of punishment. Insofar as a coherent jurisprudence of ICL sentencing can be said to exist at all, it remains correspondingly impoverished and unprincipled - comparable in some respects to that of the …
Speechless: The Silencing Of Criminal Defendants, Alexandra Natapoff
Speechless: The Silencing Of Criminal Defendants, Alexandra Natapoff
Alexandra Natapoff
Group Minds And Expressive Harm, Simon Blackburn
Group Minds And Expressive Harm, Simon Blackburn
Maryland Law Review
No abstract provided.
Expressivist Jurisprudence And The Depletion Of Meaning, Steven D. Smith
Expressivist Jurisprudence And The Depletion Of Meaning, Steven D. Smith
Maryland Law Review
No abstract provided.
Injustice And The Normative Nature Of Meaning, C. Edwin Baker
Injustice And The Normative Nature Of Meaning, C. Edwin Baker
Maryland Law Review
No abstract provided.
Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman
Judging By Appearances: Professional Ethics, Expressive Government, And The Moral Significance Of How Things Seem, Deborah Hellman
Maryland Law Review
No abstract provided.
Expression And Appearance: A Comment On Hellman, Matthew D. Adler
Expression And Appearance: A Comment On Hellman, Matthew D. Adler
Maryland Law Review
No abstract provided.
Measured Endorsement, Shari Seidman Diamond, Andrew Koppelman
Measured Endorsement, Shari Seidman Diamond, Andrew Koppelman
Maryland Law Review
No abstract provided.
Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On Measured Endorsement, Jamin B. Raskin
Polling Establishment: Judicial Review, Democracy, And The Endorsement Theory Of The Establishment Clause - Commentary On Measured Endorsement, Jamin B. Raskin
Maryland Law Review
No abstract provided.
On The Moral Foundations Of Legal Expressivism , Andrew Koppelman
On The Moral Foundations Of Legal Expressivism , Andrew Koppelman
Maryland Law Review
No abstract provided.
Symposium - The Expressive Dimension Of Governmental Action: Philosophical And Legal Perspectives: Introduction, Deborah Hellman
Symposium - The Expressive Dimension Of Governmental Action: Philosophical And Legal Perspectives: Introduction, Deborah Hellman
Maryland Law Review
No abstract provided.
The Power Of Expressive Theories Of Law, Alan Strudler
The Power Of Expressive Theories Of Law, Alan Strudler
Maryland Law Review
No abstract provided.
In Defense Of Appearances: A Reply To Marcia Baron's The Moral Significance Of How Things Seem, Sarah Buss
In Defense Of Appearances: A Reply To Marcia Baron's The Moral Significance Of How Things Seem, Sarah Buss
Maryland Law Review
No abstract provided.
The Moral Significance Of How Things Seem, Marcia Baron
The Moral Significance Of How Things Seem, Marcia Baron
Maryland Law Review
No abstract provided.