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Articles 1 - 6 of 6
Full-Text Articles in Law
Taking Aim At Pointing Guns? Start With Citizen’S Arrest, Not Stand Your Ground: A Reply To Joseph Blocher, Samuel W. Buell, Jacob D. Charles, And Darrell A.H. Miller, Pointing Guns, 99 Texas L. Rev. 1173 (2021), Kimberly Kessler Ferzan
Taking Aim At Pointing Guns? Start With Citizen’S Arrest, Not Stand Your Ground: A Reply To Joseph Blocher, Samuel W. Buell, Jacob D. Charles, And Darrell A.H. Miller, Pointing Guns, 99 Texas L. Rev. 1173 (2021), Kimberly Kessler Ferzan
All Faculty Scholarship
No abstract provided.
The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni
The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni
All Faculty Scholarship
Intransitive choices, or cycling, are generally held to be the mark of irrationality. When a set of rules engenders such choices, it is usually held to be irrational and in need of reform. In this article, we prove a series of theorems, demonstrating that all feasible legal regimes are going to be rife with cycling. Our first result, the legal cycling theorem, shows that unless a legal system meets some extremely restrictive conditions, it will lead to cycling. The discussion that follows, along with our second result, the combination theorem, shows exactly why these conditions are almost impossible to meet. …
Firepower To The People: Gun Rights & Self-Defense To Curb Police Misconduct, Spearit
Firepower To The People: Gun Rights & Self-Defense To Curb Police Misconduct, Spearit
Articles
This Article represents a polemic against the most harmful aspects of the policing status quo. At its core, the work asserts the right of civilians to defend against unlawful deadly police conduct. It argues that existing gun and self-defense laws provide a practical and principled basis for curbing police misconduct. It also examines legislative trends in gun laws to show that much of most recent liberalizing of gun rights is a direct response to self-defense concerns sparked by mass public shootings. The expansion of gun rights and self-defense comes at a time when ongoing police killings of Black civilians menace …
Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen
Constrained Choice: Mothers, The State, And Domestic Violence, Rona Kaufman Kitchen
Rona Kaufman Kitchen
Mothers who are the victims of domestic violence face unique challenges in their quest for safety. The legal response to domestic violence requires that mothers respond to abuse in specific state-sanctioned manners. However, when mothers respond accordingly, such as by reporting abuse and leaving the abusive relationship, their safety and the safety of their children is not guaranteed. Moreover, by responding in state-sanctioned manners, mothers risk a host of negative consequences including increased threat to their immediate and long-term safety, the loss of their children, undesired financial, health, and social consequences, and criminal prosecution. On the other hand, when mothers …
Culpable Aggression: The Basis For Moral Liability To Defensive Killing, Kimberly Kessler Ferzan
Culpable Aggression: The Basis For Moral Liability To Defensive Killing, Kimberly Kessler Ferzan
All Faculty Scholarship
The use of the term, "self-defense, " covers a wide array of defensive behaviors, and different actions that repel attacks may be permissible for different reasons. One important justificatory feature of some defensive behaviors is that the aggressor has rendered himself liable to defensive force by his own conduct. That is, when a culpable aggressor points a gun at a defender, and says, "I am going to kill you," the aggressor's behavior forfeits the aggressor's right against the defender's infliction of harm that is intended to repel the aggressor's attack. Because the right is forfeited, numbers do not count (the …
After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse
After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
This article challenges the conventional notion of the “reasonable man.” It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the site for debate over majoritarian norms. The article posits that the debate over having a purely subjective standard and a purely objective standard obscures the commonsense necessity of having a hybrid standard, one which takes into account the characteristics of a particular …