Articles
In addition to requiring subjective culpability, criminal offenses typically involve two objective features: action and...
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Grading Arson, Criminal Law and Philosophy (2008)
Criminalizing arson is both easy and hard. On the substantive merits, the conduct of damaging...
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There are two commonly recognized "theories" of criminal law: utilitarianism, which sees criminal law's purpose...
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This brief response discusses Richard Bierschbach and Alex Stein's article, "Mediating Rules in Criminal Law,"...
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Most American criminal codes create an offense for recklessly killing another person, and nearly all...
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Discussions of criminal punishment tend to focus on sentencing as the unique moment when punishment...
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In the 1960s and 1970s, states across the country were caught up in a wave...
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This commentary raises two issues that, in the author's view, present some of the greatest...
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This commentary, part of a symposium on the possibility of a Model Penal Code Second,...
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This article argues that a proper interpretation of ERISA places fiduciary duties at the heart...
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In this Article we describe a process, based on fiduciary duty principles, for resolving potential...
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Each American jurisdiction has a criminal code. Most jurisdictions have substantially restructured and improved their...
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This Book Notice discusses Robin West's Caring for Justice, which posits essential differences between male...
Books
The criminal justice system's traditional goal (which it continues to advertise itself as pursuing, and...