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Articles 1 - 11 of 11
Full-Text Articles in Law
Mens Rea Reform And Its Discontents, Benjamin Levin
Mens Rea Reform And Its Discontents, Benjamin Levin
Publications
This Article examines the debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized a great deal of common conduct. Often, new criminal laws do not require that defendants know they are acting unlawfully. Mens rea reform proposals seek to address the problems of overcriminalization and unintentional offending by increasing the burden on prosecutors to prove a defendant’s culpable mental state. These proposals have been a staple of conservative-backed bills on criminal justice reform. Many on the left remain skeptical of mens rea reform and view it as a deregulatory vehicle …
Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss
Publications
No abstract provided.
A Pragmatic Approach To Interpreting The Federal Rules, Suzette M. Malveaux
A Pragmatic Approach To Interpreting The Federal Rules, Suzette M. Malveaux
Publications
No abstract provided.
Merrill Lynch V. Dabit: Federal Preemption Of Holders' Class Actions, Mark J. Loewenstein
Merrill Lynch V. Dabit: Federal Preemption Of Holders' Class Actions, Mark J. Loewenstein
Publications
No abstract provided.
Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter
Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter
Publications
According to federal Indian law's canons of construction, statutes enacted for the benefit of American Indians and Alaska Natives must be liberally interpreted in their favor. But a doctrine of statutory interpretation presently challenges certain applications of the Indian canons. Announced by the Supreme Court in Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the doctrine requires that courts defer to administrative agency interpretations of ambiguous language in statutes they are authorized to administer. In instances where agencies construe statutes against Indian interests, Chevron deference and the Indian canons dictate opposite results for a reviewing court. This conflict muddles Indian …
No Vehicles In The Park, Pierre Schlag
Statuory Interpretation, Democratic Legitimacy And Legal-System Values, Karen Gebbia
Statuory Interpretation, Democratic Legitimacy And Legal-System Values, Karen Gebbia
Publications
This Article reexamines the current debate and concludes that democratic legitimacy is not a sufficient litmus test by which to ex-plain the differences among competing interpretive models nor to compare their viability. I argue that broader meta-principles, which I term "legal-system values," significantly influence current interpretive models and should be an integral focus of the statutory interpretation debate, but often are obscured by theorists' emphasis on democratic legitimacy.
The Chaotic Pseudotext, Paul F. Campos
This Is Not A Sentence, Paul F. Campos
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos
Publications
No abstract provided.
Book Review, Paul Campos