Articles

Attempt by Omission, Iowa Law Review (2009)

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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Retributive Justice in the Real World, Washington University Law Review (2007)

There are two commonly recognized "theories" of criminal law: utilitarianism, which sees criminal law's purpose...

 

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Criminal Law’s "Mediating Rules": Balancing, Harmonization, or Accident?, Virginia Law Review In Brief (2007)
This brief response discusses Richard Bierschbach and Alex Stein's article, "Mediating Rules in Criminal Law,"...
 

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Attempt, Reckless Homicide, and the Design of Criminal Law, University of Colorado Law Review (2007)

Most American criminal codes create an offense for recklessly killing another person, and nearly all...

 

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Punishment Decisions at Conviction: Recognizing the Jury as Fault-Finder, University of Chicago Legal Forum (2005)

Discussions of criminal punishment tend to focus on sentencing as the unique moment when punishment...

 

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The Accelerating Degradation of American Criminal Codes (with Paul H. Robinson), 56 Hastings Law Journal 633 (2005)

In the 1960s and 1970s, states across the country were caught up in a wave...

 

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Introduction: Three Perspectives on Criminal Justice, Journal of Law and Policy (2005)
 

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Offense Grading and Multiple Liability: New Challenges for a Model Penal Code Second, Ohio State Journal of Criminal Law (2004)

This commentary raises two issues that, in the author's view, present some of the greatest...

 

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Can a Model Penal Code Second Save the States from Themselves? (with Paul H. Robinson), Ohio State Journal of Criminal Law (2003)

This commentary, part of a symposium on the possibility of a Model Penal Code Second,...

 

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Pegram’s Regress: A Missed Chance for Sensible Judicial Review of Managed Care Decisions (with Peter D. Jacobson), American Journal of Law and Medicine (2001)
This article argues that a proper interpretation of ERISA places fiduciary duties at the heart...
 

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Applying Fiduciary Responsibilities in the Managed Care Context (with Peter D. Jacobson), American Journal of Law and Medicine (2000)

In this Article we describe a process, based on fiduciary duty principles, for resolving potential...

 

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The Five Worst (and Five Best) American Criminal Codes (with Paul H. Robinson and Usman Mohammad), Northwestern University Law Review (2000)

Each American jurisdiction has a criminal code. Most jurisdictions have substantially restructured and improved their...

 

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Book Notice (reviewing Robin West, Caring For Justice (1997)), Michigan Law Review (1998)
This Book Notice discusses Robin West's Caring for Justice, which posits essential differences between male...
 

Books

Law Without Justice: Why Criminal Law Doesn’t Give People What They Deserve (with Paul H. Robinson) (2006)

The criminal justice system's traditional goal (which it continues to advertise itself as pursuing, and...