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Articles 361 - 376 of 376

Full-Text Articles in Legal Theory

Broadly Speaking - March 30, 1998, Nova Southeastern University Mar 1998

Broadly Speaking - March 30, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.


Broadly Speaking - February 17, 1998, Nova Southeastern University Feb 1998

Broadly Speaking - February 17, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.


Broadly Speaking - January 26, 1998, Nova Southeastern University Jan 1998

Broadly Speaking - January 26, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.


Broadly Speaking - November 19, 1997, Nova Southeastern University Nov 1997

Broadly Speaking - November 19, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.


Broadly Speaking - October 15, 1997, Nova Southeastern University Oct 1997

Broadly Speaking - October 15, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.


Broadly Speaking - September 10, 1997, Nova Southeastern University Sep 1997

Broadly Speaking - September 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.


Broadly Speaking - April 22, 1997, Nova Southeastern University Apr 1997

Broadly Speaking - April 22, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.


Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University Apr 1997

Broadly Speaking - April Fools' Day, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.


Broadly Speaking - March 10, 1997, Nova Southeastern University Mar 1997

Broadly Speaking - March 10, 1997, Nova Southeastern University

Broadly Speaking

No abstract provided.


Legal Enforcement Of Morality, Kent Greenawalt Jan 1995

Legal Enforcement Of Morality, Kent Greenawalt

Faculty Scholarship

In modern Western political and legal thought, the subject of legal enforcement of morality is narrower than the literal coverage of those terms. That is because much legal enforcement of morality is uncontroversial and rarely discussed. Disagreement arises only when the law enforces aspects of morality that do not involve protecting others from fairly direct harms. More precisely, people raise questions about legal requirements (1) to perform acts that benefit others, (2) to refrain from acts that cause indirect harms to others, (3) to refrain from acts that cause harm to themselves, ( 4) to refrain from acts that offend …


Play Fair With Punishment, Richard Dagger Apr 1993

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.


County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer Feb 1993

County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer

San Diego Law Review

When a social worker receives a complaint of child abuse and determines that the situation is non-urgent, should the county welfare department be held liable for subsequent injury to the child? This Comment analyzes the four contexts in which a special relationship with a county welfare department may arise and concludes that a duty of care should not be imposed upon county welfare departments in these situations. The author concludes that if the social worker reasonably determines that the situation was non-urgent, the county welfare department should not be held liable. Alternatively, even if a duty of care is imposed, …


Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan Jan 1979

Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan

Articles by Maurer Faculty

In this paper we examine the sanctioning of one type of political deviance, draft resistance, in two different social and political contexts: an era of coercive control and a period of cooptive control. A focus on the sanctioning of draft resisters allows a unique opportunity to examine the societal response to what the New Criminologists (Taylor et al., 1973:267) describe as the "purposive creator and innovator of action" whose crimes are the product of ". . . individual or collective action taken to Resolve... inequalities of power and interest." Our data cover a fourteen year period and consist of information …


Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen Oct 1975

Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen

Buffalo Law Review

No abstract provided.


Sanctions And Deviance: Another Look, Herbert Kritzer Apr 1975

Sanctions And Deviance: Another Look, Herbert Kritzer

IUSTITIA

In the past several years, there has been an extended dialogue in the literature concerning the question of the efficacy of sanctions as a means of deterring criminal behavior. There is some convincing evidence that threatened sanctions can and do deter some forms of behavior, such as parking violations and income tax evasion. Do these findings extend to other forms of behavior which our society has defined as criminal? This issue is considered by Gibbs in an article which appeared to find a clear link between the certainty and severity of sanctions and the murder rate. Gibbs' article stimulated additional …


Justice In The 20th Century, Jerome Hall Jan 1971

Justice In The 20th Century, Jerome Hall

Articles by Maurer Faculty

No abstract provided.