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Thirteen Ways to Steal a Bicycle

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Release : 2012-06-11
Genre : Law
Kind : eBook
Book Rating : 986/5 ( reviews)

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Book Synopsis Thirteen Ways to Steal a Bicycle by : Stuart P. Green

Download or read book Thirteen Ways to Steal a Bicycle written by Stuart P. Green. This book was released on 2012-06-11. Available in PDF, EPUB and Kindle. Book excerpt: Theft claims more victims and causes greater economic injury than any other criminal offense. Yet theft law is enigmatic, and fundamental questions about what should count as stealing remain unresolved—especially misappropriations of intellectual property, information, ideas, identities, and virtual property. In Thirteen Ways to Steal a Bicycle, Stuart Green assesses our current legal framework at a time when our economy increasingly commodifies intangibles and when the means of committing theft and fraud grow ever more sophisticated. Was it theft for the editor of a technology blog to buy a prototype iPhone he allegedly knew had been lost by an Apple engineer in a Silicon Valley bar? Was it theft for doctors to use a patient’s tissue without permission in order to harvest a valuable cell line? For an Internet activist to publish tens of thousands of State Department documents on his Web site? In this full-scale critique, Green reveals that the last major reforms in Anglophone theft law, which took place almost fifty years ago, flattened moral distinctions, so that the same punishments are now assigned to vastly different offenses. Unreflective of community attitudes toward theft, which favor gradations in blameworthiness according to what is stolen and under what circumstances, and uninfluenced by advancements in criminal law theory, theft law cries out for another reformation—and soon.

Introduction

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Release : 2015
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Introduction by : Stuart P. Green

Download or read book Introduction written by Stuart P. Green. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: What is the optimal level of specificity for defining criminal offenses? How should we divide and classify crimes so that they accurately represent a given criminal act's distinctive features - whether it is wrongfulness, harmfulness, deterrability, or detectability - while at the same time avoiding the kind of over-particularity that leads to needless confusion and problems in administrability? Nowhere are these issues more difficult or contested than in connection with the law of theft - owing to the extraordinary diversity in how rights in property are formulated, the peculiar twists and turns of legal history and law reform, and the sheer ingenuity that offenders use to infringe such rights. The proper level of offense specificity in theft law is a key theme dealt with in my recent book, Thirteen Ways to Steal a Bicycle: Theft Law in the Information Age. It is also a theme that, to one degree or another, has engaged the attention of the distinguished group of commentators gathered by the New England Law Review for this symposium on the book: Susan Brenner, David Gray and Chelsea Jones, Peter Karol, Mary Sigler, and Ken Simons. This introduction sets the stage for the contributions that follow and offers an admittedly selective rebuttal to at least some of the arguments offered.

Paper Symposium

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Release : 2013
Genre : Criminal law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Paper Symposium by : New England School of Law

Download or read book Paper Symposium written by New England School of Law. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt:

Harvard Law Review

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Release : 2012-11-08
Genre : Law
Kind : eBook
Book Rating : 28X/5 ( reviews)

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Book Synopsis Harvard Law Review by : Harvard Law Review

Download or read book Harvard Law Review written by Harvard Law Review. This book was released on 2012-11-08. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Contents, linked footnotes, legible tables, and proper ebook formatting. This current issue of the Review is November 2012, the first issue of academic year 2012-2013 (Volume 126). The November issue is the special annual review of the Supreme Court’s previous term. Each year, the issue is introduced by noteworthy andextensive articles from recognized scholars. In this issue, the Foreword is authored by Pamela Karlan, on “democracy and disdain.” Extensive Comments by Gillian Metzger and Martha Minow explore the Supreme Court’s decision on the Affordable Health Care Act and Chief Justice Roberts’s reasoning, while Stephanos Bibas discusses the gray market of plea bargaining and the potential involvement of neutral judges in the process. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects.

Implied Consent and Sexual Assault

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Release : 2015-11-01
Genre : Law
Kind : eBook
Book Rating : 93X/5 ( reviews)

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Book Synopsis Implied Consent and Sexual Assault by : Michael Plaxton

Download or read book Implied Consent and Sexual Assault written by Michael Plaxton. This book was released on 2015-11-01. Available in PDF, EPUB and Kindle. Book excerpt: In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could be "implied." Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to "consent" to sexual touching, however, the decision also restricts their autonomy - specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though caution should be exercised before resurrecting a limited doctrine of implied consent, there are reasons to think that sexual assault law could accommodate a doctrine without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy.

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