Ken LevyHolt B. Harrison Associate Professor of Law
In 2011-12, Professor Levy taught Criminal Law, Tort Law, Advanced Criminal Topics, and International Criminal Law. In 2012-13, Professor Levy will be teaching White Collar Criminal Law instead of Tort Law.
Prof. Levy continues to read, write, and think about various issues in criminal theory. His recent publication in Georgia Law Review, Killing, Letting Die, and the Case for Mildly Punishing Bad Samaritans, advocates mild punishment for bad Samaritans, people who simply let others die rather than trying to save them. And in his San Diego Law Review article, Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention, Prof. Levy argues that scholars and judges alike overlook a critical distinction, the distinction between criminal responsibility and moral responsibility; that this distinction is necessary to show why clinical psychopaths – people who, through no fault of their own, lack the capacity for conscience – should remain eligible candidates for criminal punishment; and that the more dangerous psychopaths should be eligible for preventive commitment even before they commit any crimes. Prof. Levy is writing another article in which he will argue that the distinction between criminal and moral responsibility, which (again) is universally overlooked, is critical to our developing a proper understanding of (a) the nature and range of acceptable criminal law excuses and (b) the extent to which mental illness mitigates or negates criminal responsibility.
Ken Levy teaches criminal law, criminal theory, international criminal law, white-collar criminal law, and tort law.
Ken continues to work primarily in criminal theory. His interests include free will and moral responsibility, criminal responsibility, criminal psychology, the act-omissions distinction, the relation between morality and criminal law, and theories of punishment.