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Social and Behavioral Sciences Commons™

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Policy Design, Analysis, and Evaluation

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Full-Text Articles in Social and Behavioral Sciences

Treating Crazy People Less Specially, Stephen J. Morse Jan 1988

Treating Crazy People Less Specially, Stephen J. Morse

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No abstract provided.

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Hybrid Principles For The Distribution Of Criminal Sanctions, Paul H. Robinson Jan 1987

Hybrid Principles For The Distribution Of Criminal Sanctions, Paul H. Robinson

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Most criminal codes, and most criminal law courses, begin with the 'familiar litany' of the purposes of criminal law sanctions - just punishment, deterrence, incapacitation of the dangerous, and rehabilitation. We train and direct our lawyers, judges, and legislators to use these purposes as guiding principles for the distribution of criminal sanctions. The purposes are thus to guide both the drafting and interpretation of criminal statutes and the imposition of criminal sentences in individual cases. The purposes frequently conflict, however, as part I will demonstrate. Conflicts arise because each purpose requires consideration of different criteria; in some cases, a particular …

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Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse Jan 1985

Excusing The Crazy: The Insanity Defense Reconsidered, Stephen J. Morse

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No abstract provided.

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Antitrust Policy After Chicago, Herbert J. Hovenkamp Jan 1985

Antitrust Policy After Chicago, Herbert J. Hovenkamp

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This article, which was published in 1985, describes the development of a "Post-Chicago" antitrust policy. The Chicago School of antitrust analysis has made an important and lasting contribution to antitrust policy. The School has placed an emphasis on economic analysis in antitrust jurisprudence that will likely never disappear. At the same time, however, the Chicago School's approach to antitrust is defective for two important reasons. First of all, the notion that public policymaking should be guided exclusively by a notion of efficiency based on the neoclassical market efficiency model is naive. That notion both overstates the ability of the policymaker …

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The Labor Market And Illegal Immigration: The Outlook For The 1980s, Michael L. Wachter Jan 1980

The Labor Market And Illegal Immigration: The Outlook For The 1980s, Michael L. Wachter

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No abstract provided.

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Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse Jan 1978

Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse

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No abstract provided.

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A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson Jan 1974

A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson

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This Article will present what appears to be a workable system which allows fulfillment of both of the jury instruction functions-jury guidance and legal-theory-resolution-and which will simultaneously reduce the number of reversals due to judicial error in instructing the jury (the latter result may be anticipated in any system which is able to produce the former result). This Article proposes the abolition of the sua sponte duty of the trial judge except for certain basic instructions to be specified by statute or by rule of court. The proposal would retain for each advocate the opportunity to propose instructions reflecting his …

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