Dan Markel

Florida State University College of Law (Deceased)

D'Alemberte Professor of Law

SCHOLARLY PAPERS

31

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15

Scholarly Papers (31)

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1.

Against Mercy

Number of pages: 60 Posted: 27 May 2003
Dan Markel
Florida State University College of Law (Deceased)
Downloads 1,460 (27,136)

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Retribution, retributivism, mercy, philosophy of punishment

2.

State, Be Not Proud: A Retributivist Defense of the Commutation of Death Row and the Abolition of the Death Penalty

Harvard Civil Rights-Civil Liberties Law Review, Vol. 40, pp. 407-480, 2005, FSU College of Law, Law and Economics Paper No. 05-24
Number of pages: 55 Posted: 02 Nov 2005 Last Revised: 19 Jan 2009
Dan Markel
Florida State University College of Law (Deceased)
Downloads 1,273 (33,205)
Citation 1

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Retribution, retributivism, death penalty, capital punishment, execution, punishment, crime, criminal justice, clemency, mercy

3.

What Might Retributive Justice Be?

RETRIBUTIVISM: ESSAYS ON THEORY AND POLICY, Mark D. White, ed., pp. 49-72, Oxford University Press, 2011, FSU College of Law, Public Law Research Paper No. 460
Number of pages: 31 Posted: 04 Sep 2010 Last Revised: 15 Jul 2011
Dan Markel
Florida State University College of Law (Deceased)
Downloads 1,186 (36,764)

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Punishment, Retributive Justice, Criminal Justice

4.

Are Shaming Punishments Beautifully Retributive? Retributivism and the Implications for the Alternative Sanctions Debate

Number of pages: 86 Posted: 27 May 2003
Dan Markel
Florida State University College of Law (Deceased)
Downloads 1,059 (43,389)
Citation 7

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5.

How Should Punitive Damages Work?

University of Pennsylvania Law Review, Vol. 157, 2009, CLEA 2008 Meetings Paper
Number of pages: 102 Posted: 02 Sep 2008 Last Revised: 17 Apr 2009
Dan Markel
Florida State University College of Law (Deceased)
Downloads 1,042 (44,361)
Citation 1

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criminal law, torts, punitive damages, Philip Morris, optimal deterrence, victims' rights

6.

Privilege or Punish: Criminal Justice and the Challenge of Family Ties

D. Markel, J. Collins and E. Leib, PRIVILEGE OR PUNISH: CRIMINAL JUSTICE AND THE CHALLENGE OF FAMILY TIES, Oxford University Press, 2009, FSU College of Law, Public Law Research Paper No. 473, SMU Dedman School of Law Legal Studies Research Paper No. 220
Number of pages: 253 Posted: 15 Sep 2010 Last Revised: 29 Jan 2016
Dan Markel, Jennifer M. Collins and Ethan J. Leib
Florida State University College of Law (Deceased), Southern Methodist University - Dedman School of Law and Fordham University School of Law
Downloads 884 (55,748)
Citation 1

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Criminal Justice, Family, Punishment, Status, Incest, Adultery, Evidentiary Privileges, Sentencing, Criminal Law, Bigamy, Duty to Rescue

7.

Wrong Turns on the Road to Alternative Sanctions: Reflections on the Future of Shaming Punishments and Restorative Justice

Texas Law Review, Vol. 85, May 2007, FSU College of Law, Public Law Research Paper No. 224
Number of pages: 26 Posted: 19 Oct 2006
Dan Markel
Florida State University College of Law (Deceased)
Downloads 815 (62,289)
Citation 1

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criminal law, criminal justice, shaming, restorative justice

8.

Retributive Damages: A Theory of Punitive Damages as Intermediate Sanction

Cornell Law Review, Vol. 94, pp. 239-340, 2009
Number of pages: 102 Posted: 14 Jun 2007 Last Revised: 03 Feb 2009
Dan Markel
Florida State University College of Law (Deceased)
Downloads 814 (62,396)

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9.

Retributive Justice and the Demands of Democratic Citizenship

Virginia Journal of Criminal Law, Vol. 1, pp. 1-133, 2012
Number of pages: 135 Posted: 19 Sep 2011 Last Revised: 19 Mar 2012
Dan Markel
Florida State University College of Law (Deceased)
Downloads 656 (82,510)

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legal moralism, criminal justice, retributive justice, retributivism, criminalization, political retributivism

10.

Beyond Experience: Getting Retributive Justice Right

California Law Review, Vol. 99, No. 2, April 2011, FSU College of Law, Public Law Research Paper No. 484, U of Maryland Legal Studies Research Paper No. 2011-6
Number of pages: 24 Posted: 14 Jan 2011 Last Revised: 26 Jan 2012
Dan Markel, Chad Flanders and David C. Gray
Florida State University College of Law (Deceased), Saint Louis University - School of Law and University of Maryland Francis King Carey School of Law
Downloads 565 (99,810)
Citation 1

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retributive justice, hedonic adaptation, punishment, criminal law, sentencing

11.

Criminal Justice and the Challenge of Family Ties

University of Illinois Law Review, August 2007, Florida State University College of Law, Public Law Research Paper No. 221, Wake Forest University Legal Studies Paper No. 933427
Number of pages: 82 Posted: 29 Sep 2006
Dan Markel, Jennifer M. Collins and Ethan J. Leib
Florida State University College of Law (Deceased), Southern Methodist University - Dedman School of Law and Fordham University School of Law
Downloads 559 (101,111)

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crime, criminal law, family, criminal justice, criminal procedure

12.

Taxing Punitive Damages

Virginia Law Review, Vol. 96, No. 6, 2010
Number of pages: 66 Posted: 19 Jun 2009 Last Revised: 27 Sep 2010
Gregg D. Polsky and Dan Markel
University of Georgia School of Law and Florida State University College of Law (Deceased)
Downloads 520 (110,600)

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punitive damages, tax, torts, dispute resolution

13.

Bentham on Stilts: The Bare Relevance of Subjectivity to Retributive Justice

California Law Review, Vol. 98, pp. 907-988, 2010, FSU College of Law, Public Law Research Paper No. 439, Saint Louis U. Legal Studies Research Paper No. 2010-07
Number of pages: 84 Posted: 14 Apr 2010 Last Revised: 14 Jul 2011
Dan Markel and Chad Flanders
Florida State University College of Law (Deceased) and Saint Louis University - School of Law
Downloads 503 (115,159)
Citation 1

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retributive justice, punishment theory, subjective experience, hedonic adaptation

14.

The Justice of Amnesty? Towards a Theory of Retributivism in Recovering States

University of Toronto Law Journal, Vol. 49, No. 3, Summer 1999, University of Toronto Press, Copyright
Number of pages: 43 Posted: 30 May 2003
Dan Markel
Florida State University College of Law (Deceased)
Downloads 414 (145,081)

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15.

Catalyzing Fans

Downloads 407 (148,002)

Catalyzing Fans

Harvard Journal of Sports and Entertainment Law, Vol. 6, 2014, Florida International University Legal Studies Research Paper No. 13-13, FSU College of Law, Public Law Research Paper No. 643
Number of pages: 44 Posted: 23 Jul 2013 Last Revised: 29 Jul 2015
Dan Markel, Michael McCann and Howard Wasserman
Florida State University College of Law (Deceased), Harvard University - Harvard Law School and Florida International University (FIU) - College of Law
Downloads 345 (176,219)

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contracts, public policy, externalities

Catalyzing Fans

6 Harv. J. Sports & Ent. L. 1 (2015), Florida International University Legal Studies Research Paper No. 15-21
Number of pages: 41 Posted: 29 Jul 2015
Dan Markel, Michael McCann and Howard Wasserman
Florida State University College of Law (Deceased), Harvard University - Harvard Law School and Florida International University (FIU) - College of Law
Downloads 62 (719,934)

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16.

Executing Retributivism: Panetti and the Future of the Eighth Amendment

Northwestern University Law Review, Vol. 103, pp. 1163 - 1222, 2009, FSU College of Law, Public Law Research Paper No. 318
Number of pages: 60 Posted: 07 Sep 2008 Last Revised: 05 Aug 2009
Dan Markel
Florida State University College of Law (Deceased)
Downloads 392 (154,323)

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capital punishment, Panetti, death penalty, retributive theory, philosophy of punishment, Supreme Court, sentencing law and policy

17.

Punishing Family Status

Boston University Law Review Vol. 88, pp. 1327-1423, 2008, SMU Dedman School of Law Legal Studies Research Paper No. 221
Number of pages: 97 Posted: 17 Apr 2008 Last Revised: 29 Jan 2016
Jennifer M. Collins, Ethan J. Leib and Dan Markel
Southern Methodist University - Dedman School of Law, Fordham University School of Law and Florida State University College of Law (Deceased)
Downloads 337 (182,334)

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criminal law, family law, criminal justice, criminal procedure, legal theory

18.

Making Punishment Safe for Democracy: A Reply to Professors Bowers, Cahill & Duff

Virginia Journal Criminal Law, Vol. 1, pp. 205-263, 2012
Number of pages: 60 Posted: 28 Oct 2011 Last Revised: 19 Mar 2012
Dan Markel
Florida State University College of Law (Deceased)
Downloads 299 (207,186)

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retributivism, retributive justice, punishment theory, criminal justice, legal moralism

19.

Can Intellectual Property Law Regulate Behavior? A 'Modest Proposal' for Weakening Unclean Hands

Harvard Law Review, April 2000
Number of pages: 15 Posted: 27 May 2003
Dan Markel
Florida State University College of Law (Deceased)
Downloads 237 (262,028)

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Intellectual property, regulation of behavior, criminal law

20.

Rethinking Criminal Law and Family Status

Yale Law Journal, Vol. 119, pp. 1864-1903, 2010, FSU College of Law, Public Law Research Paper No. 472, SMU Dedman School of Law Legal Studies Research Paper No. 223
Number of pages: 40 Posted: 06 May 2010 Last Revised: 29 Jan 2016
Dan Markel, Ethan J. Leib and Jennifer M. Collins
Florida State University College of Law (Deceased), Fordham University School of Law and Southern Methodist University - Dedman School of Law
Downloads 215 (287,598)

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criminal law, criminal justice, family, policing, prosecution

21.

May Minors Be Retributively Punished after Panetti (and Graham)?

Federal Sentencing Reporter, Vol. 23, No. 62, 2010, FSU College of Law, Public Law Research Paper No. 471
Number of pages: 5 Posted: 24 Jul 2010 Last Revised: 22 Sep 2010
Dan Markel
Florida State University College of Law (Deceased)
Downloads 197 (312,033)

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juvenile justice, retributive justice, punishment, Eighth Amendment

22.

New Criminal Law Review Symposium on Privilege or Punish: Criminal Justice and the Challenge of Family Ties

New Criminal Law Review, Vol. 13, No. 1, Winter 2010
Number of pages: 57 Posted: 05 Mar 2010 Last Revised: 03 Oct 2010
Douglas A. Berman, Naomi Cahn, Gabriel "Jack" Chin, Jennifer M. Collins, Ethan J. Leib and Dan Markel
Ohio State University (OSU) - Michael E. Moritz College of Law, University of Virginia School of Law, University of California, Davis - School of Law, Southern Methodist University - Dedman School of Law, Fordham University School of Law and Florida State University College of Law (Deceased)
Downloads 181 (337,092)

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23.

Connectedness and its Discontents: The Difficulties of Federalism and Criminal Law

Ohio State Journal of Criminal Law, Vol. 4, p. 573, 2007, FSU College of Law, Public Law Research Paper No. 215 , University of Pennsylvania Law Review Pennumbra, Vol. 155, p. 38, 2006
Number of pages: 13 Posted: 06 Sep 2006
Dan Markel
Florida State University College of Law (Deceased)
Downloads 159 (377,011)

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Criminal law, criminal justice, criminal history, federalism

24.

A Judge for Justice

Arizona State Law Journal, Vol. 43, p. 57, 2011
Number of pages: 7 Posted: 15 Jul 2011
Dan Markel
Florida State University College of Law (Deceased)
Downloads 137 (425,716)

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25.

Punitive Damages and Private Ordering Fetishism: A Reply to Professors Krauss and Owen

University of Pennsylvania Law Review PENNumbra, Vol. 158, p. 283, 2010 , FSU College of Law, Public Law Research Paper No. 440
Number of pages: 22 Posted: 03 May 2010 Last Revised: 07 Jun 2010
Dan Markel
Florida State University College of Law (Deceased)
Downloads 137 (425,716)

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punitive damages, tort law, punishment, insurance, settlement

26.

Overcoming Tradeoffs in the Taxation of Punitive Damages

Washington University Law Review, Vol. 88, pp. 609-659, 2011, FSU College of Law, Public Law Research Paper No. 461, FSU College of Law, Law, Business & Economics Paper No. 10-11
Number of pages: 51 Posted: 04 Sep 2010 Last Revised: 15 Jul 2011
Dan Markel
Florida State University College of Law (Deceased)
Downloads 133 (435,732)
Citation 1

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taxation, torts, punitive damages, tort reform

27.

Revisiting the Taxation of Punitive Damages

Virginia Law Review In Brief, Vol. 97, pp. 73-82, 2011, FSU College of Law, Public Law Research Paper No. 510, UNC Legal Studies Research Paper No. 1885722
Number of pages: 10 Posted: 15 Jul 2011 Last Revised: 10 Sep 2011
Gregg D. Polsky and Dan Markel
University of Georgia School of Law and Florida State University College of Law (Deceased)
Downloads 130 (443,585)
Citation 1

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tax, torts, punitive damages

28.

(When) Should Family Status Matter in the Criminal Justice System?

New Criminal Law Review, Vol. 13, pp. 151-175, 2010, FSU College of Law, Public Law Research Paper No. 441, SMU Dedman School of Law Legal Studies Research Paper No. 224
Number of pages: 25 Posted: 23 Mar 2010 Last Revised: 29 Jan 2016
Jennifer M. Collins, Ethan J. Leib and Dan Markel
Southern Methodist University - Dedman School of Law, Fordham University School of Law and Florida State University College of Law (Deceased)
Downloads 127 (451,604)

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29.

Voluntarism, Vulnerability, and Criminal Law: A Response to Professors Hills and O'Hear

Boston University Law Review, Vol. 88, pp. 1449-1460, 2008
Number of pages: 12 Posted: 02 Sep 2008 Last Revised: 20 Dec 2008
Ethan J. Leib, Dan Markel and Jennifer M. Collins
Fordham University School of Law, Florida State University College of Law (Deceased) and Southern Methodist University - Dedman School of Law
Downloads 118 (477,904)

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criminal law, family law, care-giving, voluntarism, vulnerability

30.

Luck or Law? The Constitutional Case Against Indeterminate Sentencing

FSU College of Law, Public Law Research Paper No. 376
Posted: 02 Jun 2009 Last Revised: 09 Jul 2009
Dan Markel
Florida State University College of Law (Deceased)

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31.

Time and Punishment

Posted: 22 Jul 2004
Dan Markel
Florida State University College of Law (Deceased)

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Time, punishment, criminal law, criminal procedure