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office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As ... he should raise that concern in the political arena, not the courts, and cast his vote accordingly. The problem for Brooker, and the one that animates this Article, is that he cannot vote. Because of
could prevent hate crimes from occurring in the first place. Those measures potentially include educational initiatives, conflict resolution programs, political reforms, social services, or other ... , political reforms, social services, or other proactive efforts aimed at the root causes of hate crimes. Focusing on the public conversation around anti-Asian hate crimes, this Essay argues that very
popular and political will to pass the reforms must extend beyond the passage of the law and must also create mechanisms to scrutinize, guide, and support the judiciary’s implementation of the law. ... . Although these reforms were democratic and popular, judges were not sufficiently incentivized to properly implement the changes. If reforms are to succeed, the popular and political will to pass the reforms
Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons - THE POLITICAL ECONOMY OF ENTRAPMENT RICHARD H. MCADAMS* INTRODUCTION By the time she was eighteen, Amy ... consider and critique the literature that seeks to justify the defense based on retributive theory, utilitarian theory, and political/institutional concerns. In each case, I do not claim that there is no
, INEQUALITY 247–48 (1993); G.A. Cohen, How to do Political Philosophy, in ON THE CURRENCY OF EGALITARIAN JUSTICE, AND OTHER ESSAYS IN POLITICAL PHILOSOPHY 228–29 (Michael Otsuka ed., 2011). to be punished.162 ... grateful to participants at the Stanford Law and Philosophy workshop for feedback on an early draft of this paper. And I owe special thanks to Juliana Bidadanure, Jessica Eaglin, James Forman Jr., Aziz Huq
is (prima facie) wrongful because it puts wrongful pressure on [the target’s] freedom to do otherwise.”); Mitchell Berman, Blackmail, in THE OXFORD HANDBOOK ON THE PHILOSOPHY OF THE CRIMINAL LAW 37, 62 ... personal or social characteristics such as psychological or emotional vulnerability, economic hardship, lack of a social safety net, and experience of natural disasters or political instability.56
Northwestern University School of Law Scholarly Commons Part of the Criminal Law Commons; Criminology Commons; and the Criminology and Criminal - AFTERWORD TO "LUNATICS AND ANARCHISTS: POLITICAL HOMICIDE IN
developments suggest that American penal philosophy may be inching toward norms—dignity, proportionality, legitimacy, and rehabilitation—that have checked draconian prison terms in Europe, Canada, and beyond. In ... divergence or convergence in penal philosophy. Notwithstanding the ebb and flow of penal attitudes, certain long-term trends have emerged in Western societies. They encompass a narrowing scope of offenders
later bureaucratic policing institutions through taxes and political influence.25 In the North, those “mercantile interests” were “commercial elites” who wanted to transfer the costs of protecting their ... equal human, economic, and political rights.39 Meanwhile, police in general, including in the North, steadily grew into pervasive control mechanisms over an “underclass” comprised “primarily of the poor
PHILOSOPHY, https://plato.stanford.edu/archives/win2016/entries/consequentialism-rule [https://perma.cc/ 9JT2-FG52] (observing that consequentialists almost never defend a purely “actconsequentialist decision ... these activities.”); Gideon Yaffe, The Voluntary Act Requirement in THE ROUTLEDGE COMPANION TO THE PHILOSOPHY OF LAW 174, 176 (Andrei Marmor ed., 2012) (“If a defendant is . . . shown to have engaged in a
extension end-of-life care, has included whether a competent adult has a right, or should have a right to end their own life on their own terms. The history of aid in dying is wrought with political ideology ... , judges invoke the history and philosophy of suicide to reject aid in dying.5 It is therefore necessary to not only situate the taking of one’s own life within philosophical understandings of suicide, but
theorized ?within the context of an integrated political philosophy? and ?cannot be treated as a discrete, isolated political and moral problem.? NICOLA LACEY, STATE PUNISHMENT: POLITICAL PRINCIPLES AND ... seemingly unnecessary uses of force by police officers, have prompted deep criticisms from across the political spectrum.8 At the same time, reform has been elusive.9 Never has it been more urgent to develop
’ identities, life histories, and political perspectives.” Id. 61 See id. at 93–99. For example, accounts of sympathetic gay victims note their mild effeminacy, love of musical theater, or interest in interior ... political scientist Wilfred Reilly, author of HATE CRIME HOAX: HOW THE LEFT IS SELLING A FAKE RACE WAR, that would capture, for example, “various noncriminal incidents that initially generated speculation
Liberal Political Theory and Law, 11 HYPATIA 4, 22– 23 (1996 ). 30 Id. at 23. I. THE HISTORY OF PERSONHOOD AND FETAL RIGHTS The question of life arises most frequently in legislation in cases involving ... circles of political, legal, and medical ethics reasoning. While this Comment deals primarily with the implications of approaching questions of identity and responsibility related to pregnancy from a legal
victims who do ask for help. Second, it highlights the fact that the criminal justice system is a limited tool in addressing what is a social, political, and economic problem. For this reason, a criminal
response to those victims who do ask for help. Second, it highlights the fact that the criminal justice system is a limited tool in addressing what is a social, political, and economic problem. For this
Scalia’s than Justice Ginsburg’s. When she accepted her nomination to the Supreme Court, for example, Barrett stressed that Scalia was her “mentor” and that his “judicial philosophy is mine, too.”52 Likewise ... -adjusted expected cost of making a mistake), bargaining costs (the effort and political and/or interpersonal capital expended to negotiate a merits outcome), and search and information costs (the costs to
. law). 234 For a critique of women’s “consentee role,” see CAROLE PATEMAN, THE DISORDER OF WOMEN: DEMOCRACY, FEMINISM, AND POLITICAL THEORY 71–84 ( 1989 ). 235 The legal concept of consent also ... gendered bases alone. Notwithstanding this criticism, incorporating Brenner’s model into conceptualizing rape allows for a better exploration of the phenomenon of male rape in a broader social and political
, LOCKE, AND EQUALITY: CHRISTIAN FOUNDATIONS OF LOCKE'S POLITICAL THOUGHT 4 ( 2002 ) (“In philosophy generally one sometimes has to pretend to be a of the external world.”) . 62 Bellin, The Power of ... , reformists must reexamine the principles underlying the movement and the aims they expect to achieve. * Research Scholar, The University of Michigan Law School; PhD Candidate, Philosophy, University of
judges’ departure decisions to change the guidelines where they create illogical or unjust results. Whether a dialogic sentencing system is ultimately possible will depend on political factors, especially ... purely judicial or also beholden to political actors). A. AGGREGATING PAST PRACTICE OR IMPOSING A NEW PHILOSOPHY When writing a new system of guidelines, one of the biggest design questions is whether to
