Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (18)
- Arts and Humanities (5)
- Law and Economics (5)
- Law and Society (5)
- Public Affairs, Public Policy and Public Administration (5)
-
- Sociology (5)
- Business (4)
- Criminal Law (4)
- Economic Policy (4)
- Economics (4)
- Work, Economy and Organizations (4)
- Ethics and Political Philosophy (3)
- Law and Philosophy (3)
- Philosophy (3)
- American Politics (2)
- Business Law, Public Responsibility, and Ethics (2)
- Business Organizations Law (2)
- Constitutional Law (2)
- Corporate Finance (2)
- Criminology and Criminal Justice (2)
- Demography, Population, and Ecology (2)
- Economic Theory (2)
- Ethics in Religion (2)
- Immigration Law (2)
- Inequality and Stratification (2)
- Labor Economics (2)
- Labor and Employment Law (2)
- Institution
- Keyword
-
- Abortion (2)
- Constitutional theory (2)
- Corporate Finance (2)
- Corporations (2)
- Economics (2)
-
- Immigration Law (2)
- Legitimacy (2)
- Torts (2)
- Animal rights (1)
- Anti-discrimination (1)
- Anticipatory democracy (1)
- Automobile (1)
- Baby selling (1)
- Battered women (1)
- Bill of Rights (1)
- Casebook method (1)
- Cognitive neuroscience (1)
- Compliance (1)
- Conscience (1)
- Constitution (1)
- Constitutional amendment (1)
- Constitutional convention (1)
- Corporate social responsibility (1)
- Criminal charging decisions (1)
- Criminological theory (1)
- Critical realism (1)
- Deliberative democracy (1)
- Democracy (1)
- Democratic experimentalism (1)
- Democratic governance (1)
Articles 1 - 21 of 21
Full-Text Articles in Legal Theory
Perpetual Conflict Or Compromise? The Cost Of Domestic Legitimacy In The Realm Of Women's Human Rights: A Case Study On The Right To An Abortion, Kim Andrea Kelly
Perpetual Conflict Or Compromise? The Cost Of Domestic Legitimacy In The Realm Of Women's Human Rights: A Case Study On The Right To An Abortion, Kim Andrea Kelly
Honors Scholar Theses
With its turbulent and volatile legal evolution, the right to an abortion in the United States still remains a highly contested issue and has developed into one of the most divisive topics within modern legal discourse. By deconstructing the political underpinnings and legal rationale of the right to an abortion through a systematic case law analysis, I will demonstrate that this right has been incrementally destabilized. This instability embedded in abortion jurisprudence has been primarily produced by a combination of textual ambiguity in the case law and judicial ambivalence regarding this complex area of law. In addition, I argue that …
Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews
Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews
Criminal Justice Faculty Research
Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …
Miscalculating Welfare, Michael B. Dorff, Kimberly Kessler Ferzan
Miscalculating Welfare, Michael B. Dorff, Kimberly Kessler Ferzan
All Faculty Scholarship
In their quest to maximize efficiency, law and economics scholars often produce novel, creative, and counterintuitive legal rules. Indeed, legal economists have argued for baby selling, against anti-discrimination laws in the workplace, and for insider trading. In this essay, we discuss some concerns about this form of legal scholarship that privileges the creative and counterintuitive over the fair, mundane, and intuitive. Drawing on a range of empirical evidence, this essay argues that the failure to include, and to give sufficient weight to, fairness preferences undermines legal economists' policy recommendations. Specifically, after setting forth three examples of this phenomenon, in the …
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Journal Articles
No abstract provided.
Police Criminal Charging Decisions: An Examination Of Post-Arrest Decision-Making, Scott W. Phillips, Sean P. Varano
Police Criminal Charging Decisions: An Examination Of Post-Arrest Decision-Making, Scott W. Phillips, Sean P. Varano
Justice Studies Faculty Publications
Scholars have encouraged studies of police decision-making to move beyond the arrest decision into research that broadens the understanding of police behavior. The criminal charge placed by officers against offenders is largely an untouched area of study. Examining criminal charging decisions goes beyond simple dichotomous decisions, such as arrest, but instead explores the area of police leniency or punitiveness. Randomly constructed vignettes describing a domestic violence incident were given to officers from four agencies. Officers indicated the criminal charges they would likely list against an offender if they were to make an arrest. Serious criminal charges were often supported by …
Guest Workers And Justice In A Second-Best World, Howard F. Chang
Guest Workers And Justice In A Second-Best World, Howard F. Chang
All Faculty Scholarship
This essay offers a defense of guest-worker programs and a critique of the objections raised by Michael Walzer and by other critics of such programs. Although critics commonly complain that guest workers are vulnerable to exploitation by employers, we can design guest-worker programs that minimize the risk of such exploitation. Ready access for relatively unskilled guest workers to citizenship and to public benefits, however, generates a fiscal burden for the public treasury. A right to equal treatment for aliens yields perverse results unless aliens are also entitled to equal concern when the host country decides whether to admit the alien …
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Journal Articles
This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Journal Articles
No abstract provided.
Natural Law - A Libertarian View, Anthony D'Amato
Natural Law - A Libertarian View, Anthony D'Amato
Faculty Working Papers
What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law …
Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler
Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler
Faculty Working Papers
Two experiments investigated whether outcomes that violate people's moral standards increase their deviant behavior (the moral spillover effect). In Study 1, participants read about a legal trial in which the outcome supported, opposed or was unrelated to their moral convictions. Relative to when outcomes supported moral convictions, when outcomes opposed moral convictions people judged the outcome to be less fair, were more angry, were less willing to accept the outcome, and were more likely to take a borrowed pen. In Study 2, participants who recalled another person's moral violation were more likely to cheat on an experimental task relative to …
Situationist Torts, John D. Hanson, Michael Mccann
Situationist Torts, John D. Hanson, Michael Mccann
Law Faculty Scholarship
This Article calls for a situationist approach to teaching law, particularly tort law. This new approach would begin by rejecting the dominant, common-sense account of human behavior (sometimes called dispositionism) and replacing it with the more accurate account being revealed by the social sciences, such as social psychology, social cognition, cognitive neuroscience, and other mind sciences. At its core, situationism is occupied with identifying and bridging the gap between what actually moves us, on one hand, and what we imagine moves us, on the other. Recognizing that gap is critical for understanding what roles tort law (among other areas of …
Una Visita Al Debate Hart-Dworkin [Revisiting The Hart–Dworkin Debate], Jorge Luis Fabra-Zamora
Una Visita Al Debate Hart-Dworkin [Revisiting The Hart–Dworkin Debate], Jorge Luis Fabra-Zamora
Journal Articles
No abstract provided.
Shareholder Primacy's Corporatist Origins: Adolf Berle And The Modern Corporation, William W. Bratton, Michael L. Wachter
Shareholder Primacy's Corporatist Origins: Adolf Berle And The Modern Corporation, William W. Bratton, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Private Equity's Three Lessons For Agency Theory, William W. Bratton
Private Equity's Three Lessons For Agency Theory, William W. Bratton
All Faculty Scholarship
No abstract provided.
The Disadvantages Of Immigration Restriction As A Policy To Improve Income Distribution, Howard F. Chang
The Disadvantages Of Immigration Restriction As A Policy To Improve Income Distribution, Howard F. Chang
All Faculty Scholarship
In this Article, I argue that tax and transfer policies are more efficient than immigration restrictions as instruments for raising the after tax incomes of the least skilled native workers. Policies to protect these native workers frol1'l immigrant competition in the labor market do no better at promoting distributive justice and are likely to impose a greater economic burden on natives in the country of immigration than the tax alternative. These immigration restrictions are especially costly given the disproportionate burden that they place on households with working women, which discourages fel1'wle participation in the labor force. This burden runs contrary …
Liability Insurance, Moral Luck, And Auto Accidents, Tom Baker
Liability Insurance, Moral Luck, And Auto Accidents, Tom Baker
All Faculty Scholarship
Beginning with the seminal work by Williams and Nagel, moral philosophers have used auto accident hypotheticals to illustrate the phenomenon of moral luck. Moral luck occurs in the hypotheticals because (and to the extent that) two equally careless drivers are assessed differently because only one of them caused an accident. This article considers whether these philosophical discussions might contribute to the public policy debate over compensation for auto accidents. Using liability and insurance practices in the United States as an illustrative example, the article explains that auto liability insurance substantially mitigates moral luck and argues that, as a result, the …
The Inevitability Of Conscience: A Response To My Critics, David Luban
The Inevitability Of Conscience: A Response To My Critics, David Luban
Georgetown Law Faculty Publications and Other Works
This essay by Professor David Luban is written in response to critics of his book, Legal Ethics and Human Dignity.
In part I Professor Luban addresses the primacy that he assigns conscience over the professional role and focuses mainly on the arguments of his critics, Professors Norman Spaulding and W. Bradley Wendel. Part II explores the challenge of pluralism, replying primarily to Professors Katherine Kruse, Spaulding, and Wendel. Part III, in response to Professors Kruse and William Simon, elaborates on the concept of human dignity. Part IV discusses institutions and ethics, focusing on Professors Susan Carle and Simon. The …
Constitutional Possibilities, Lawrence B. Solum
Constitutional Possibilities, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether these options are desirable--whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans …
Incorporation And Originalist Theory, Lawrence B. Solum
Incorporation And Originalist Theory, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Does the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight amendments? And how should an originalist answer that question? This paper focuses on the latter question--the issues of originalist theory that are raised by judicial and scholarly debates over what is called "incorporation."
The inquiry proceeds in six parts. Part I answers the questions: "What is incorporation?" and "What is originalism?" Part II examines the theoretical framework for an investigation of incorporation that operates within the narrow confines of interpretation of the linguistic meaning text based on the assumption that the …
Living On The Edge: The Margins Of Legal Personhood, Symposium Foreword, Kimberly Kessler Ferzan
Living On The Edge: The Margins Of Legal Personhood, Symposium Foreword, Kimberly Kessler Ferzan
All Faculty Scholarship
In January 2008, at the Association of American Law Schools' annual meeting, the Jurisprudence Section conducted a panel on "The Margins of Legal Personhood." The goal of this panel was to draw (or sever) connections between and among different "marginal" entities: the psychopath, the animal, and the embryo or fetus. As is perhaps immediately apparent, these entities are not marginalized in a political sense, but rather lie at the margins of our moral and legal communities. Prima facie, they may have some, but lack all, of the capacities necessary for full membership. Because they live on the edge, we must …
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 …