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The American Criminal Code: General Defenses

Paul H. Robinson, Matthew G. Kussmaul, Camber M. Stoddard, Ilya Rudyak and Andreas Kuersten.

in Journal of Legal Analysis

June 2015; p ublished online March 2015 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 47702 words.

There are fifty-two bodies of criminal law in the USA. Each stakes out often diverse positions on a range of issues. This article defines the “American rule” for each of the issues relating...

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Assuming Responsibility for Incarcerated Children: A Rights Case for Care-based Homes

Kathryn Hollingsworth.

in Current Legal Problems

January 2014; p ublished online August 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 16315 words.

There is overwhelming empirical evidence that the rights and wellbeing of children incarcerated in penal institutions in England and Wales are inadequately protected, despite some...

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Beyond Relational Contracts: Social Capital and Network Governance in Procurement Contracts

Lisa Bernstein.

in Journal of Legal Analysis

December 2015; p ublished online February 2016 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 29120 words.

The master agreements that nominally govern the transactions between mid-western OEMs and their suppliers are not, for the most part, designed to create legal obligations. Rather, like the...

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Beyond the European Convention: Human Rights and the Common Law

Mark Elliott.

in Current Legal Problems

January 2015; p ublished online August 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 13675 words.

Since its entry into force in 2000, the Human Rights Act 1998 has become largely synonymous with human rights adjudication in the UK. In particular, the notion of common law constitutional...

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Building Legal Order in Ancient Athens

Federica Carugati, Gillian K. Hadfield and Barry R. Weingast.

in Journal of Legal Analysis

December 2015; p ublished online July 2015 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 14574 words.

How do democratic societies establish and maintain order in ways that are conducive to growth? Contemporary scholarship associates order, democracy, and growth with centralized rule of law...

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Can the Administrative State be Tamed?

Christopher DeMuth.

in Journal of Legal Analysis

June 2016; p ublished online February 2016 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 29200 words.

The modern American administrative state is a regime of lawmaking by ad hoc managed democracy. It is the product of modern affluence and technology—which have reduced political transactions...

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The Case for a Visualized Economic Sociology of Legal Development

Amanda Perry-Kessaris.

in Current Legal Problems

January 2014; p ublished online September 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 11655 words.

Legal development work suffers from a general lack of interdisciplinarity and from the associated dominance of economics. A more sociologically informed meta-framework, such as that offered...

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Charitable Purposes and Activities

Jonathan Garton.

in Current Legal Problems

January 2014; p ublished online September 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15792 words.

When determining whether a civil society organization has charitable status, the orthodox position has it that the activities carried on in pursuit of its purposes are not relevant. This...

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Codifying Contracts—An Idea Whose Time has Come?

Andrew Tettenborn.

in Current Legal Problems

January 2014; p ublished online August 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 11562 words.

Arguments for codifying English law are long-standing. In the present article, it is suggested that the time has come to produce a code for one area of law that is pre-eminently case-law...

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Comity among Authorities

Timothy Endicott.

in Current Legal Problems

January 2015; p ublished online June 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 11485 words.

An authority often needs to decide whether to go along with a decision of another authority, in order to carry out its own responsibilities. The relevant considerations vary widely among...

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