Publications of Paul H. Robinson
BOOKS:
Law Without Justice: Why Criminal Law Doesn't Give People What They Deserve (with Michael Cahill) (
Criminal Law: Case Studies & Controversies http://www.aspenpublishers.com/Product.asp?catalog%5Fname=Aspen&category%5Fname=&product%5Fid=0735550751&Mode=SEARCH&ProductType=T (Aspen 2005) Teacher's Manual for Criminal Law: Case Studies & Controversies (Aspen 2005)
Criminal Law Case Studies (West Group 2nd ed. 2002) (1sted. 2000) http://west.thomson.com/product/40069879/product.asp . Teacher's Manual for Criminal Law Case Studies (West Group 2nd ed. 2002) (1st ed. 2000)
Would You Convict? Seventeen Cases that Challenged the Law (New York University Press 1999) http://www.nyupress.org/product_info.php?cPath=4&products_id=1915 Reviewed in 37 Choice 1722 (May 2000); Samuel H. Pillsbury, Stories, Law & Hard Reality, 4 Green Bag 2d 219-227 (2001); Barry N. Sweet, 12 Law and Politics Book Review 58-63 (Jan. 2002)
Structure and Function in Criminal Law (Clarendon, Oxford 1997) http://www.oup-usa.org/isbn/0198258860.html Chinese translation, China Procuratorial Press (2005) Appendix on-line at http://wings.buffalo.edu/law/bclc/rbnsn.htm
Reviewed in Doug Husak, The Function and Structure of the Substantive Criminal Law, 18 Law and Philosophy 85-104 (1999); Andrew Simester, Book Review, [1998] Cambridge Law Journal 616-621; Larry Crocker, Improving the Codes, 10 Criminal Law Forum 151 (1999)
Criminal Law (
Justice, Liability, and Blame: Community Views and the Criminal Law (Westview 1995 ) (with John Darley, Warren Professor of Psychology, Princeton)
Reviewed in Book Note, Judge Thy Neighbor, 109 Harvard Law Review 518 (1995); 33 Choice 688 (Dec. 1995); Christopher Slobogin, Is Justice Just Us?: Using Social Science to Inform Substantive Criminal Law, 87 Journal of Criminal Law and Criminology 315 (1996); Tyler, Public Attitudes on Criminal Justice, 7 Criminal Law Forum 697 (1996); Hans, Who's to Blame, 42 Contemporary Psychology 111 (Feb. 1997). Symposium: Is Justice Just Us? A Symposium on the Use of Social Science to Inform the Substantive Criminal Law: Slobogin, Foreword; Simons, The Relevance of Community Values to Just Deserts: Criminal Law, Punishment Rationales, and Democracy; Finkel, Commonsense Justice, Culpability, and Punishment; Tyler and Darley; Building a Law-Abiding Society:Taking Public Views About Morality and the Legitimacy of Legal Authorities Into Account When Formulating Substantive Laws; Denno, The Perils of Public Opinion; Kahan, Lay Perceptions of Justice vs. Criminal Law Doctrine: A False Dichotomy?, 28 Hofstra Law Review 601-797 (2000)
Fundamentals of Criminal Law (2nd ed. Little, Brown &
Reviewed in Fleischer, Book Review, 1 Criminal Law Forum 549 (1990) (1st edition.)
Teacher's Manual for Fundamentals of Criminal Law (2nd ed. Little, Brown &
Criminal Law Defenses (West Publishing Co. 1984) (two volumes) http://www.westgroup.com/store/product.asp?product_id=22096520&catalog_name=wgstore
Reviewed in Wise, Book Review, 31 Wayne Law Review 247 (1984)
ARTICLES:
Codifying Shari'a: International Norms, Legality & the Freedom to Invent New Forms
Fair Notice and Fair Adjudication: Two Kinds of Legality, 154 University of Pennsylvania Law Review 335-398 (2005)
An Introduction to the Model Penal Code (in Chinese, an introduction to the Chinese translation of the Model Penal Code) (with Markus Dubber) (forthcoming 2005)
Sentencing Decisions: Matching the Decisionmaker to the Decision Nature, 105
The Accelerating Degradation of American Criminal Codes, Hastings Law Journal (forthcoming 2005) (with Michael Cahill)
Justification Defenses in Situations of Unavoidable Uncertainty: A Reply to Professor Ferzan, Law & Philosophy (forthcoming 2005)
The Structure of American Criminal Law: A Brief Summary of Its Central Parts, in He Bingsong (ed.), Research on Criminal Law Theory Systems (2005) (in Chinese)
Criminal Justice in the Information Age: A Punishment Theory Paradox, 1
The Role of Deterrence in the Formulation of Criminal Law Rules: At Its Worst When Doing Its Best, 91
Does Criminal Law Deter? A Behavioural Science Investigation, 24 Oxford Journal of Legal Studies 173-205 (2004) (with John Darley); Appendix on-line at http://www.law.upenn.edu/fac/phrobins/OxfordDeterrenceAppendix.pdf
The A.L.I.'s Proposed Distributive Principle of "Limiting Retributivism": Does It Mean In Practice Pure Desert?, 7
Can a Model Penal Code Second Save the States from Themselves?, in Symposium on Model Penal Code Revision, 1 Ohio State Journal of Criminal Law 169-177 (2003)
Should the Victims' Rights Movement Have Influence Over Criminal Law Formulation and Adjudication?, in Symposium on Victim's Rights (Leadership Issues in Criminal Justice), 33 McGeorge Law Review 749-758 (2002)
The Virtues of Restorative Processes, the Vices of Restorative Justice, in Symposium on Restorative Justice, Utah Law Review 375-388 (2003)
Mens Rea, Encyclopedia of Crime and Justice 995-1006 (2nd ed. 2002)
The Modern General Part: Three Illusions, in Stephen Shute & Andrew Simester, eds., Criminal Law Theory: Doctrines of the General Part (2002)
Prohibited Risks and Culpable Disregard or Inattentiveness: Challenge and Confusion in the Formulation of Risk-Creation Offenses, 4 Theoretical Inquiries in Law 367-396 (2002)
Why do we punish? Deterrence and Just Deserts as Motives for Punishment, 83 Journal of Personality and Social Psychology 284-299 (2002) (as co-author, after Kevin Carlsmith and John Darley)
The Ex Ante Function of the Criminal Law, 35 Law and Society Review 165-189 (2001) (as co-author, after John Darley and Kevin Carlsmith)
Crime, Punishment and Prevention, 142 The Public Interest 61-71 (winter 2001)
Criminal Law Scholarship: Three Illusions, 2 Theoretical Inquiries in Law 287-322 (2001)
Punishing Dangerousness: Cloaking Preventative Detention as Criminal Justice, 114 Harvard Law Review 1429-1455 (2001) (translated into Chinese, Law Press China 2005)
The Five Worst (and Five Best) American Criminal Codes, 95 Northwestern University Law Review 1-89 (2000) (with Michael Cahill and Usman Mohammad)
Incapacitation and Just Deserts as Motives for Punishment, 24 Law and Human Behavior 659-683 (2000) (as co-author, after John Darley and Kevin Carlsmith)
Some Doubts About Argument by Hypothetical, 88 California Law Review 813-825 (2000)
Structuring Criminal Codes to Perform Their Function, in Symposium: The Model Penal Code Revisited, 4 Buffalo Criminal Law Review 1-11 (2000)
Testing Lay Institutions of Justice: How and Why, in symposium: Is Justice Just Us? A Symposium on the Use of Social Science to Inform the Substantive Criminal Law, 28 Hofstra Law Review 611-634 (2000)
Why Does the Criminal Law Care What the Lay Person Thinks is Just? Coercive vs. Normative Crime Control, 86 Virginia Law Review 1839-1869 (2000)
Justice Can Never Come Too Late,
An Introduction to the Model Penal Code of the American Law Institute, (with Markus Dubber) (an introduction to the translation of the Model Penal Code prepared by a group of Italian criminal law professors, sponsored and published by the Italian Government) (in press)
In Defense of the Model Penal Code: A Reply to Professor Fletcher, in Symposium: Toward a New Federal Criminal Code, 2 Buffalo Criminal Law Review 25-43 (1998)
The Bomb Thief and the Theory of Justification, 22 (1) Iyunei Mishpat (law journal of the Tel Aviv University law faculty) (1998) (translated into Hebrew); reprinted in 8 Criminal Law Forum: An International Journal 387-408 (1998) (English version)
Objectivist vs. Subjectivist Views of Criminality: A Study in the Role of Social Science in Criminal Law Theory, 18 Oxford Journal of Legal Studies 409-477 (1998) (with John Darley)
Testing Competing Theories of Justification, 76 North Carolina Law Review 1095-1143 (1998) (with John Darley)
Brotherly Intervention, The New York Times, Op-Ed, November 29, 1997, A25
The Federal Sentencing Guidelines Ten Years Later: An Introduction and Comments, 91 Northwestern University Law Review 1231-1246 (1997) (symposium issue)
One Perspective on Sentencing Reform in the United States, 8 Criminal Law Forum 1-41 (1997)
Reforming Federal Criminal Law and the Model Penal Code: A Top Ten List, in Symposium on Rethinking Federal Criminal Law, 1 Buffalo Criminal Law Review 225-271 (1997)
State's Weird Law Skewed Au Pair Case, Newsday, guest columnist, November 17, 1997, A32
The Utility of Desert, 91 Northwestern University Law Review 453-499 (1997) (with John Darley)
Competing Theories of Justification: Deeds vs. Reasons, in A.T.H. Smith & A. Simester, eds., Harm and Culpability 45-70 (1996) (Clarendon, Oxford)
The Criminal-Civil Distinction and the Utility of Desert, in Symposium on the Intersection of Crime and Tort, 76 Boston University Law Review 201-214 (1996)
Making Criminal Codes Functional: A Code of Conduct and a Code of Adjudication, 86 Journal of Criminal Law and Criminology 304-365 (1996) (with Peter D. Greene and Natasha R. Goldstein)
Community Standards of Criminal Liability and the Insanity Defense, 19 Law and Human Behavior 425-446 (1995) (as co-author, after Daniel Bails, John Darley, and Tracy Waxman)
Moral Credibility and Crime, The Atlantic Monthly 72-78 ( March 1995). Reprinted in Criminology (1998); 96/97 Sociology 52-57 (1996); 96/97 Criminal Justice 34-39 (1996); 373 Current 10 (1995)
The Severity of Intermediate Penal Sanctions: A Psychophysical Scaling Approach for Obtaining Community Perceptions, 11 Journal of Quantitative Criminology 71-95 (1995) (as co-author, after Robert E. Harlow and John M. Darley)
A Failure of Moral Conviction?, (in symposium on "The Black Crime Gap"), 117 The Public Interest 40-48 (Fall 1994)
Are Criminal Codes Irrelevant?, 68 Southern California Law Review 159-202 (1994)
Desert, Crime Control, Disparity, and Units of Punishment, in A. Duff, et al. eds., Penal Theory and Practice: Tradition and Innovation in Criminal Justice 93-107 (1994)
A Functional Analysis of Criminal Law, 88 Northwestern University Law Review 857-913 (1994)
Not Guilty' Isn't Always 'Innocent', The Chicago Tribune, Op-Ed, February 8, 1994, p.18
Riot Responsibility, 66 New York State Bar Journal 6 ( Jan. 1994)
The Role of Harm and Evil in Criminal Law: A Study in Legislative Deception?, 5 Journal of Contemporary Legal Issues 299-322 (1994)
Codifying Criminal Law: Do Modern Codes Have it Right?, 5 Canterbury Law Review 312-320 (1993)
The Criminal-Civil Distinction and Dangerous Blameless Offenders, 83 Journal of Criminal Law and Criminology 693-717 (1993) (foreward to Supreme Court Review issue)
The Danger of Defending the Denny Acquittals, The Wall Street Journal, Op-Ed, October 27, 1993, p. A23
Hate Crimes: Crimes of Motive, Character, or Group Terror?, Annual Survey of American Law 605-616 (1993)
Should the Criminal Law Abandon the Actus Reus-Mens Rea Distinction?, in S. Shute, J. Gardner & J. Holder, eds., Criminal Law: Action, Value and Structure 187-211 (1993)
Rules of Conduct and Principles of Adjudication, 57 University of Chicago Law Review 729-771 (1990)
Letter, Symposium on the Report of the Commission of Inquiry into the Methods of Investigation of the General Security Service Regarding Hostile Terrorist Activity, 23 Israel Law Review 189 (1989)
Book Review: G. Fletcher, A Crime of Self-Defense: Bernhard Goetz and the Law on Trial, 74 American Bar Association Journal 112 ( September 1, 1988)
Four Predictions for the Criminal Law of 2043, (Conference on the 25th Anniversary of the Model Penal Code), 19 Rutgers law Journal 897-911 (1988)
Legality and Discretion in the Distribution of Criminal Sanctions, 25 Harvard Journal on Legislation 393-460 (1988)
Dissenting View of Commissioner Paul H. Robinson to the Promulgation of Sentencing Guidelines by the United States Sentencing Commission, 52 Federal Register 18121-18132 (1987) (reprinted in 41 Criminal Law Reporter 3174-3186 (1987)
Dissenting View of Commissioner Paul H. Robinson to the Proposed Sentencing Guidelines for United States Courts, 52 Federal Register 3986-3988 (1987) (reprinted in 77 Journal of Criminal Law and Criminology 1112-1125 (1987)
Hybrid Principles for the Distribution of Criminal Sanctions, 82 Northwestern University Law Review 19-42 (1987); reprinted in The International Research Library of Philosophy (j. Skorupski ed.); Weaver et al., Readings in Criminal Law (1998). See Symposium: Blumstein, The Search for the Elusive Common “Principle”; Stier, Hybrids and Dangerousness; von Hirsch, Hybrid Principles in Allocating Sanctions: A Response to Professor Robinson; Zimring, Principles of Criminal Sentencing, Plain and Fancy, 82 Northwestern University law Review 43, 52, 64, 73 (1987)
A Sentencing System for the 21st Century?, 66 Texas Law Review 1-61 (1987)
Causing the Conditions of One's Own Defense: A Study in the Limits of Theory in Criminal Law Doctrine, 71 Virginia Law Review 1-63 (1985); reprinted in 1 Justification and Excuse: Comparative Perspectives 657-743 (A. Eser & G. Fletcher, eds. 1987). Response by Herrmann, Causing the Conditions of One's Own Defense: The Multifaceted Approach of German Law, 1986 Brig. Young U.L. Rev. 747
Criminal Liability for Omissions: A Brief Summary and Critique of the Law in the United States, (Conference on Crimes of Omission)29 New York Law School Law Review 101 (1984)
Imputed Criminal Liability, 93 Yale Law Journal 609-676 (1984) reprinted in A Criminal Law Anthology (A. Loewy, ed. 1992)
Element Analysis in Defining Criminal Liability: The Model Penal Code and Beyond, 35 Stanford Law Review 681-762 (1983) (with Jane Grall) reprinted in A Criminal Law Anthology (R.L. Weaver, ed. 1988) Weaver et al., Readings in Criminal Law (1998)
Criminal Law Defenses: A Systematic Analysis, 82 Columbia Law Review 199-291 (1982)
A Brief History of Distinctions in Criminal Culpability, 31 Hastings Law Journal 815-853 (1980)
Crimes of Carelessness in the United States, 50 Review Internationale de Droit Penal 115-137 (1979)
A Theory of Justification: Societal Harm as a Prerequisite for Criminal Liability, 23 U.C.L.A. Law Review 266-292 (1975); reprinted in Justification and Excuse in the Criminal Law: A Collection of Essays 283 (M. Corrado ed. 1994). Response by George P. Fletcher, The Right Deed for the Wrong Reason: a Reply to Mr. Robinson, 23 U.C.L.A. Law Review 293
Proposal and Analysis of a Unitary System for Review of Criminal Judgments, 54 Boston University Law Review 485-514 (1974)
A Proposal for Limiting the Duty of the Trial Judge to Instruct the Jury Sua Sponte, 11 San Diego Law Review 325-352 (1974)
Parole Holds: Their Effects on the Rights of the Parolee and the Operation of the Parole System, 19 U.C.L.A. Law Review 759-803 (1972)