Adam J. Kolber

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This Article continues our project of applying new findings in the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. When a state decides how to punish criminal offenders, at least one important consideration is the amount of harm any given punishment is likely to inflict. It would be undesirable , for example,(More)
A widely decried crisis confronts U.S. criminal law. Jails and prisons are overcrowded and violence plagued. Additional causes for alarm include the rate of increase of incarcerated populations, their historically and internationally unprecedented size, their racial disproportionality, and exorbitant associated costs. Although disagreement remains over the(More)
If at the end of your life you were told you had fulfilled all your moral duties, you would be proud. If you were told you had only fulfilled your moral duties, you would be less proud. We all aim to do more than fulfill our duties. We wish to have been more generous than obligatory, more patient, more wise—in short, we wish to be virtuous. The insight that(More)
A surprising amount of everyday expression is, strictly speaking, nonsense. But courts and scholars have done little to consider whether or why such meaningless speech falls within " the freedom of speech. " If, as many suggest, meaning is what separates speech from sound and expression from conduct, then the constitutional case for nonsense is complicated.(More)