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CRIMINAL LAW: Implicit Proportionality Limitations on Criminal Liability

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0007
Subject:
Law, Constitutional and Administrative Law

Numerous constitutional and subconstitutional limitations on criminal liability embody one or more proportionality principles. Limiting retributive liability principles underlie constitutional rules ... More


Responsibility and Mental Capacity

Stephen J. Morse

in Neuroscience and Legal Responsibility

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199925605
eISBN:
9780199332939
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199925605.003.0002
Subject:
Philosophy, Moral Philosophy

The thesis of this chapter is that criminal law is a thoroughly folk-psychological enterprise that is completely consistent with the truth of determinism or universal causation. It argues that if ... More


Affirmative Defenses: Principles and Puzzles

David O. Brink

in Fair Opportunity and Responsibility

Published in print:
2021
Published Online:
June 2021
ISBN:
9780198859468
eISBN:
9780191891809
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198859468.003.0008
Subject:
Philosophy, Moral Philosophy

Different affirmative exculpatory defenses are distinguished and examined, including justifications, such as self-defense and necessity, and excuses, such as insanity, duress, and provocation. ... More


Entrapment and Retributive Theory

Mark Tunick

in Retributivism: Essays on Theory and Policy

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199752232
eISBN:
9780199895342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199752232.003.0010
Subject:
Law, Criminal Law and Criminology

It is often argued that retributivists must oppose the entrapment defense for various reasons (such as that entrapped defendants have nonetheless broken the law), but this chapter explores some ... More


Wising Up in the Workplace: Modern Antidiscrimination Law and Its Application

Jennifer Ann Drobac

in Sexual Exploitation of Teenagers: "Adolescent Development, Discrimination, and Consent Law"

Published in print:
2016
Published Online:
September 2016
ISBN:
9780226301013
eISBN:
9780226301150
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226301150.003.0007
Subject:
Law, Criminal Law and Criminology

Chapter 7 evaluates the efficacy of modern antidiscrimination law. It explains how Title VII of the 1964 Civil Rights Act never contemplated juvenile workers. State fair employment practices statutes ... More


Against Jury Nullification

Andrew D. Leipold

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0025
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative case against jury nullification. It begins with an overview of the scope and costs of jury nullification before turning to the the wisdom of nullification. It ... More


Mexico

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0012
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

There have been significant changes to Mexican law recently that have provided prosecutors updated and enhanced tools to combat corruption. In May 2015, the Mexican Congress and the states approved a ... More


Legal Rules for Recovery

Jessica W. Berg, Paul S. Appelbaum, Charles W. Lidz, and Lisa S. Parker

in Informed Consent: Legal Theory and Clinical Practice

Published in print:
2001
Published Online:
November 2020
ISBN:
9780195126778
eISBN:
9780197561386
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195126778.003.0012
Subject:
Clinical Medicine and Allied Health, Medical Ethics

This chapter deals with the legal theory and procedural framework under which patients can obtain redress for their injuries resulting from treatment administered in the absence of informed ... More


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