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Full-Text Articles in Public Policy

Thoughts And Prayers, Chloe Kardasopoulos Dec 2018

Thoughts And Prayers, Chloe Kardasopoulos

Student Scholar Symposium Abstracts and Posters

Examining the symbolic Gun against its tangible counterpart illuminates abstract attachments of power and superiority this nation associates with the weapon. These elements loaded in the Gun transform the weapon into an object representative of American identity. Analyzing ideological commitments within the Gun guides a critical response to examine disproportionately increasing national gun violence against stagnant federal gun control. The ongoing gun debate must be analyzed in its entirety, beginning at its source - the Second Amendment. Scholars such as Gary Wills dissect the Second Amendment to extract its contextualized intent from modern writers’ manipulated interpretations. It is not the …


Statutory Rape, Paul H. Robinson, Tyler Scot Williams Jan 2018

Statutory Rape, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …


Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams Jan 2018

Distributive Principles Of Criminal Law, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

This first chapter from the recently published book Mapping American Criminal Law: Variations across the 50 States documents the alternative distributive principles for criminal liability and punishment — desert, deterrence, incapacitation of the dangerous — that are officially recognized by law in each of the American states. The chapter contains two maps visually coded to display important differences: the first map shows which states have adopted desert, deterrence, or incapacitation as a distributive principle, while the second map shows which form of desert is adopted in those jurisdictions that recognize desert. Like all 38 chapters in the book, which covers …


Felony Murder, Paul H. Robinson, Tyler Scot Williams Jan 2018

Felony Murder, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …


Insanity Defense, Paul H. Robinson, Tyler Scot Williams Jan 2018

Insanity Defense, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …