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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...

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...

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...

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...

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...

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...

Conclusion

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 1421 words.

The conclusion of Criminally Ignorant: Why the Law Pretends We Know What We Don’t provides an overview of the main takeaways from the book. At its broadest, this is a book about a common...

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Constitutionalizing Labour Rights in Canada and Europe: Freedom of Association, Collective Bargaining, and Strikes

Judy Fudge.

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. 16577 words.

Why are unions in Canada and the European Union going to court to claim that the rights to bargain collectively and to strike are fundamental human rights and thus constitutionally...

Contract Formation and the Fog of Rectification

Terence Etherton.

in Current Legal Problems

January 2015; p ublished online July 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 7800 words.

This article addresses current controversy both in case law and in scholarly writings about the proper test and rationale for rectification of contracts. It examines the availability of...

Corporate Governance, Pay Equity, and the Limitations of Agency Theory

Marc T. Moore.

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. 14251 words.

It is well known that recent decades have seen an explosion in levels of senior executive remuneration in public companies, both in absolute and in relative terms to ordinary worker pay....

Corporations Keeping Themselves in the Dark

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 15625 words.

Sometimes corporations keep themselves in the dark. This chapter argues that a corporation can incur culpability when its employees block themselves or others within the corporation from...

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Criminal Law Basics and the Willful Ignorance Doctrine

Alexander Sarch.

in Criminally Ignorant

July 2019; p ublished online June 2019 .

Chapter. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 9944 words.

Chapter 1 sets the stage. The author’s starting point is the willful ignorance doctrine, since it is the source from which the author will eventually extract his general theory of equal...

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Criminally Ignorant

Alexander Sarch.

July 2019; p ublished online June 2019 .

Book. Subjects: Criminal Law; Criminology and Criminal Justice; Jurisprudence and Philosophy of Law. 280 pages.

Criminally Ignorant: Why the Law Pretends We Know What We Don’t is about the legal fiction that we know what we don’t. If you bury your head in the sand rather than learn...

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Current Legal Problems

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

Distributionally Weighted Cost–Benefit Analysis: Welfare Economics Meets Organizational Design

David A. Weisbach.

in Journal of Legal Analysis

June 2015; p ublished online December 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 13809 words.

Approaches to cost–benefit analysis (CBA) derived from social welfare maximization conclude that it ideally should include distributional weights. Agencies using CBA, however, do not...

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An Economic Perspective on As Such/Facial versus As Applied Challenges in the WTO and U.S. Constitutional Systems

Alan O. Sykes.

in Journal of Legal Analysis

October 2014; p ublished online March 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Economics. 13620 words.

Suppose that a government party to some treaty regime enacts a measure that authorizes an official to act contrary to the treaty. Suppose further, however, that no action in violation of...

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