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Articles 1 - 16 of 16

Full-Text Articles in Arts and Humanities

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


The Protestant Revolutions And Western Law, William Ewald Jan 2005

The Protestant Revolutions And Western Law, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Responsibility For Unintended Consequences, Claire Oakes Finkelstein Jan 2005

Responsibility For Unintended Consequences, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as ...


Law, Ethics And Mystery, Geoffrey C. Hazard Jr. Jan 2005

Law, Ethics And Mystery, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr. Jan 2005

"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer Jan 2005

Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer Jan 2005

Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


The Conservative's Dilemma: Traditional Institutions, Social Change, And Same-Sex Marriage, Amy L. Wax Jan 2005

The Conservative's Dilemma: Traditional Institutions, Social Change, And Same-Sex Marriage, Amy L. Wax

Faculty Scholarship at Penn Law

No abstract provided.


Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton Jan 2005

Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank Jan 2005

Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Justification Defenses In Situations Of Unavoidable Uncertainty: A Reply To Professor Ferzan, Paul H. Robinson Jan 2005

Justification Defenses In Situations Of Unavoidable Uncertainty: A Reply To Professor Ferzan, Paul H. Robinson

Faculty Scholarship at Penn Law

The objective (or "deeds") theory of justification has been attacked on the ground that one can never know for sure whether the circumstances for justification actually exist. One can only speculate as to whether the conditions exist. This is true not only for the actor at the time of the conduct for which a justification is sought but can also be true for the adjudicator after all available evidence has been gathered. The attack contains a useful insight about the nature of justifying circumstances: they necessarily contain some degree of unavoidable uncertainty. But it does not follow from this insight ...


Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt Iii Jan 2005

Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


Fair Notice And Fair Adjudication: Two Kinds Of Legality, Paul H. Robinson Jan 2005

Fair Notice And Fair Adjudication: Two Kinds Of Legality, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Wealth, Utility, And The Human Dimension, Jonathan Klick, Francesco Parisi Jan 2005

Wealth, Utility, And The Human Dimension, Jonathan Klick, Francesco Parisi

Faculty Scholarship at Penn Law

Functional law and economics, which draws its influence from the public choice school of economic thought, stands in stark contrast to both the Chicago and Yale schools of law and economics. While the Chicago school emphasizes the inherent efficiency of legal rules, and the Yale school views law as a solution to market failure and distributional inequality, functional law and economics recognizes the possibility for both market and legal failure. That is, while there are economic forces that lead to failures in the market, there are also structural forces that limit the law’s ability to remedy those failures on ...


What Personal Rules Can Teach Us About Basic Institutions, Claire O. Finkelstein Jan 2005

What Personal Rules Can Teach Us About Basic Institutions, Claire O. Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr. Jan 2005

Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.