Showing 1 - 10 of 1,150
This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention of Sexual Harassment Law in 1998, 222...
Persistent link: https://www.econbiz.de/10012724846
Prof. Adam Kolber's theory on punishment calibration is a novel and interesting way to approach the problem of personality differences among prisoners and the questions those differences raise for classical retributivist and consequentialist punishment theories. However, there are problems of...
Persistent link: https://www.econbiz.de/10012725420
Persistent link: https://www.econbiz.de/10012779378
This essay address the Israeli Supreme Court decision holding that the use of physical force by the General Security Service (GSS) in the course of its interrogations of terror suspects was unauthorized by Israeli law. The Court ruled that, in the absence of explicit enabling legislation, the...
Persistent link: https://www.econbiz.de/10012779991
One of the most influential arguments in contemporary philosophy and cognitive science is Chomsky's argument from the poverty of the stimulus. In this response to an essay by Chandra Sripada, I defend an analogous argument from the poverty of the moral stimulus. I argue that Sripada's criticism...
Persistent link: https://www.econbiz.de/10012780323
Current rules in most U.S. jurisdictions prohibit judges from becoming involved in plea negotiations and limit the judges' role to reviewing a plea bargain once it is presented by the parties. The enclosed article surveys three systems that provide for more significant judicial involvement -...
Persistent link: https://www.econbiz.de/10012783490
Ambiguity-aversion is a person's rational attitude towards the indeterminacy of the probability that attaches to his future prospects, both favorable and unfavorable. An ambiguity-averse person increases the probability of the unfavorable prospect, which is what criminal defendants typically do...
Persistent link: https://www.econbiz.de/10012783600
This article shows how the enlistment of private monitors can overcome the limits of public enforcers in overseeing gatekeeper compliance with liability-induced duties. Gatekeepers are private actors who possess skills or advantages that allow them to detect and prevent wrongdoing in a more...
Persistent link: https://www.econbiz.de/10012767342
Patients in the United States are routinely undertreated for pain. This problem has been widely recognized and documented in medical literature. In a seminal medical study of end-of-life care, researchers found that 50% of all patients who died during hospitalization quot;experienced moderate or...
Persistent link: https://www.econbiz.de/10012770262
This article makes valuable new contributions to the burgeoning scholarly discourse on Apprendi v. New Jersey-a landmark decision that celebrates its tenth anniversary this year. It builds on the author's experience as a public defender, during which she pioneered the surprising but...
Persistent link: https://www.econbiz.de/10012749808