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Full-Text Articles in Law

Mens Rea Reform And Its Discontents, Benjamin Levin Jan 2019

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 Jan 2017

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 Jan 2015

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 Jan 2006

Merrill Lynch V. Dabit: Federal Preemption Of Holders' Class Actions, Mark J. Loewenstein

Publications

No abstract provided.


No Vehicles In The Park, Pierre Schlag Jan 1999

No Vehicles In The Park, Pierre Schlag

Publications

No abstract provided.


Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter Jan 1999

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 …


Statuory Interpretation, Democratic Legitimacy And Legal-System Values, Karen Gebbia Jan 1997

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 Jan 1996

The Chaotic Pseudotext, Paul F. Campos

Publications

No abstract provided.


This Is Not A Sentence, Paul F. Campos Jan 1995

This Is Not A Sentence, Paul F. Campos

Publications

No abstract provided.


Book Review, Paul Campos Jan 1993

Book Review, Paul Campos

Publications

No abstract provided.


That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos Jan 1993

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Publications

No abstract provided.