Posts filtered by tags: Craig Lerner[x]


 

College admissions scandal: “most of these kids don’t even have issues, but they’re getting time.”

For 20 years I’ve been writing about how the gaming of disability diagnoses in schools helps affluent families. And I was hardly alone: in 2004 Craig Lerner wrote a paper entitled: “‘Accommodations’ for the Learning Disabled: A Level Playing Field or Affirmative Action for Elites?” There hasn’t been much interest in fixing things. Now test accommodations have surfaced as one key theme in the big and colorful new college-admissions scandal. “Particularly glaring in the 204-page indictment is...
Tags: Law, Uncategorized, Fbi, Colleges and Universities, Disability & Schools, Craig Lerner, Michelle Robertson, Akira Olivia Kumamoto Sacramento Bee


"Justice Scalia's Eighth Amendment Jurisprudence: The Failure of Sake-of-Argument Originalism"

The title of this post is the title of this new paper by Craig Lerner now available via SSRN. Here is its abstract: How is an originalist judge in the common law tradition to reconcile the competing demands of the Constitution’s original meaning and an accumulating body of nonoriginalist precedents?  This Article explores the dilemma of constitutional originalism through a comprehensive review of Justice Scalia’s Eighth Amendment jurisprudence.  In this legal context the dilemma is infused with...
Tags: Supreme Court, Law, Scalia, Douglas A Berman, Craig Lerner


"Originalism and the Common Law Infancy Defense"

The title of this post is the title of this new article by Craig Lerner now available via SSRN.  Though I consider any article about the Eighth Amendment to be timely, this one seems even more so with the recent retirement announcement of Justice Anthony Kennedy, who was often a "swing" SCOTUS voter in Eighth Amendment cases.  Here is this article's abstract: Justice Thomas and the late Justice Scalia consistently argued that the original meaning of the Eighth Amendment was to foreclose only th...
Tags: Law, Thomas, Scalia, Anthony Kennedy, Douglas A Berman, Craig Lerner, SSRN Though


Vicarious criminal liability for managers: how we got there

In Dotterweich v. U.S., a 1943 case that established a persistent and troublesome doctrine in criminal law, the U.S. Supreme Court agreed that a corporate manager could appropriately be convicted over the misdeeds of an underling without having to show that he knew of the violation, participated in it, intended it, or was negligent in failing to prevent it. My new Cato post summarizes new research by Craig Lerner on Dotterweich’s trial, in which the court seemed to struggle with the idea of impo...
Tags: Supreme Court, Law, Uncategorized, Crime And Punishment, U S Supreme Court, Cato, U S, Mens Rea, Dotterweich, Craig Lerner