Criminal Law Conversations - Robinson, Paul H.

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Résumé :

• i. Principles


• Chapter 1. Decision Rules and Conduct Rules: On Acoustic Separation in Criminal Law


• Meir Dan-Cohen


• Comments:


• Kyron Huigens-Duress Is Never a Conduct Rule


• Samuel W. Buell-Decision Rule as Notice: The Case of Fraud


• Anne M. Coughlin-Of Decision Rules and Conduct Rules, or Doing the Police in Different Voices


• Lu?s Duarte d'Almeida-Separation, But Not of Rules


• Adil Ahmad Haque-The Constitutive Function of Criminal Law


• Eric J. Miller-Are There Two Types of Decision Rule?


• Malcolm Thorburn-A Liberal Criminal Law Cannot Be Reduced to These Two Types of Rules


• Reply:


• Meir Dan-Cohen


• Chapter 2. Empirical Desert


• Paul H. Robinson


• Comments:


• Mary Sigler-The False Promise of Empirical Desert


• Adam J. Kolber-Compliance-Promoting Intuitions


• Michael T. Cahill-A Fertile Desert?


• Alice Ristroph-The New Desert


• Youngjae Lee-Keeping Desert Honest


• Matthew Lister-Desert: Empirical, Not Metaphysical


• Alice Ristroph-Response to Lee and Lister


• Joseph E. Kennedy-Empirical Desert and the Endpoints of Punishment


• Andrew E. Taslitz-Empirical Desert: The Yin and Yang of Criminal Justice


• Adil Ahmad Haque-Legitimacy as Strategy


• Laura I. Appleman-Sentencing, Empirical Desert, and Restorative Justice


• Reply:


• Paul H. Robinson


• Chapter 3. Defending Preventive Detention


• Christopher Slobogin


• Comments:


• Michael Louis Corrado-Slobogin on Dehumanization


• Michael Marcus-Don't Abandon Sentencing Reform to Defend Preventive Detention


• Rinat Kitai-Sangero-The Presumption of Innocence versus Preventive Detention


• Matt Matravers-Unreliability, Innocence, and Preventive Detention


• Joseph E. Kennedy-The Dangers of Dangerousness as a Basis of Incarceration


• Reply:


• Christopher Slobogin


• Chapter 4. The Economics of Crime Control


• Doron Teichman


• Comments:


• Russell D. Covey-The Limits of the Economic Model: Becker's Crime and Punishment


• Alon Harel-The Economic Analysis of Crime Control: A Friendly Critique


• Keith N. Hylton-Effi cient Deterrence and Crime Control


• Morris B. Hoffman-Law, Economics, and Neuroethical Realism


• Reply:


• Doron Teichman


• Chapter 5. The Difficulties of Deterrence as a Distributive Principle


• Paul H. Robinson


• Comments:


• Russell D. Covey-Deterrence's Complexity


• Douglas A. Berman-Making Deterrence Work Better


• Doron Teichman-In Defense of Deterrence


• Jonathan S. Masur, Richard H. McAdams, and Thomas J. Miles-For General Deterrence


• Reply:


• Paul H. Robinson


• Chapter 6. Why only the State may Inflict Criminal Sanctions: The Case Against Privately Inflicted Sanctions


• Alon Harel


• Comments:


• Miriam Baer-Eliminating the Divide Between the State and Its Citizens


• Doron Teichman-Why the State May Delegate the Infliction of Criminal Sanctions


• Malcolm Thorburn-Why Only the State May Decide when Sanctions Are Appropriate


• Stuart P. Green-Why Do Privately Inflicted Criminal Sanctions Matter?


• Reply:


• Alon Harel


• Chapter 7. Results Don't Matter


• Larry Alexander and Kimberly Kessler Ferzan


• Comments:


• Gerald Leonard-S...

  Biographie:
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  Sommaire:
  Can't Kill



• Whitley R.P. Kaufman-Can Moral Responsibility Explain Self-Defense?


• Victor Tadros-Doubts About the Responsibility Principle


• Reply:


• Jeff McMahan


• Chapter 19. Self- Defense, Imminence, and the Battered Woman


• Whitley R.P. Kaufman


• Comments:


• Gideon Yaffe-The Real Link Between Imminence and Necessity


• Marcia Baron-In Defense of the Proxy Thesis


• Kimberly Kessler Ferzan-The Values and Costs of Imminence


• Joan H. Krause-Imminence Reconsidered: Are Battered Women Different?


• Jeremy Horder-The Imminence Requirement, Battered Women, and the Authority to Strike Back


• Reply:


• Whitley Kaufman


• Chapter 20. Reasonable Provocation and Self-Defense: Recognizing the Distinction Between Act Reasonableness and Emotion Reasonableness


• Cynthia Lee


• Comments:


• Susan D. Rozelle-Making Waves: Radicalizing Act Reasonableness


• Carissa Byrne Hessick-Is an Act Reasonableness Inquiry Necessary?


• Terry A. Maroney-Differentiating Cognitive and Volitional Aspects of Emotion in Self-Defense and Provocation


• Caroline Forell-Norms, Proportionality, Provocation, and Imperfect Self-Defense


• Jeremy Horder-Different Ways to Manifest Reasonableness


• Kenneth W. Simons-Requiring Reasonable Beliefs About Self-Defense Ensures that Acts Conforming to Those Beliefs Are Reasonable


• Reply:


• Cynthia Lee


• Chapter 21. Against Control Tests for Criminal Responsibility


• Stephen J. Morse


• Comments:


• Stephen P. Garvey-The Folk Psychology of Self-Control


• Michael Louis Corrado-Morse on Control Tests


• Susan D. Rozelle-Sometimes a Control Test Is Just a Control Test


• Terry A. Maroney-Why Is a Folk-Psychological Account of Loss of Control Necessary (And What Precisely Is It)?


• Robert F. Schopp-Cognition, Rationality, and Responsibility


• Reply:


• Stephen J. Morse


• Chapter 22. Abolition of the Insanity Defense


• Christopher Slobogin


• Comments:


• Susan D. Rozelle-No Excuse for You


• Sherry F. Colb-Not By Cognition Alone


• Paul Litton-Against Integrationism


• Matt Matravers-Justifying Defenses


• Reply:


• Christopher Slobogin


• Chapter 23. Entrapment and the Free Market for Crime


• Louis Michael Seidman


• Comments:


• Sherry F. Colb-Making Sense of Entrapment Law After the Death of Lochner


• Miriam Baer-Entrapment and the Quandary of the Undercover Investigation


• Bruce Hay-An Enforcement Policy Perspective on Entrapment


• Richard H. McAdams-The Entrapment Defense Defended


• Reply:


• Louis Michael Seidman


• iii. Administration


• Chapter 24. The Political Economy of Criminal Law and Procedure: The Pessimists' View


• Richard H. McAdams


• Comments:


• Darryl K. Brown-The Enduring Pattern of Broad Criminal Codes and a Path for Structural Change


• Samuel W. Buell-The Sources of Overbreadth


• Joseph E. Kennedy-Why Here and Why Now? Bringing History and Sociology to Bear on Punitive Pathology


• Andrew E. Taslitz-The Political Economy of Prosecutorial Indiscretion


• Rachel E. Barkow-An Ounce of Prevention: Realistic Treatment for Our Pathological Politics


• Ronald F. Wright-Prosecutor Elections and Overdepth in Criminal Codes


• Reply:


• Richard H....

  In this volume one can find both the cutting edge theoretical issues on criminal law and the thrusts and parries of the leading thinkers who have engaged those issues. Moreover, not only academics interested in criminal law, but students and practitioners as well, will find this to be a truly valuable resource. --Larry Alexander The University of Texas School of Law Criminal Law Conversations is a bravura feat of intellectual entrepreneurship by Robinson, Ferzan and Garvey. It is a feast of interchange and provocation. Although I feel a bit sheepish about blurbing the book because I am an included author, the volume is indispensable reading for criminal law scholars. --Stephen Morse University of Pennsylvania Law School The criminal law allocates huge amounts of public resources with no accountability for the resulting impacts on public well-being. These conversations should be helpful to anyone interested in assessing and, perhaps addressing, this archaic dysfunction. -- Michael Marcus Judge, Circuit Court, Multnomah County, Oregon I had the honor to follow many of these conversations as they unfolded online. No orthodox collection of essays could have gathered such an extravagantly distinguished list of contributors, nor focused their minds so exactly on each other's concerns, nor included such an extraordinary range of perspectives, nor maintained such uniformly high standards throughout. This is a unique product of collective enterprise, and it provides an unsurpassed guide to contemporary criminal law scholarship. --John Gardner Professor of Jurisprudence, University of Oxford Robinson, Garvey & Ferzan invent a brilliantly useful new format for an edited volume. They provide both a wonderful introduction to a comprehensive array of complex topics in criminal law, and also a place where the conversation between authors and commentators sharpens the cutting edge for understan