Criminal Law Conversationsprovides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community.Criminal Law Conversationsshowcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law.
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