Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Law professors (3)
- Scholarship (3)
- Assisted suicide (2)
- Capital punishment (2)
- Discrimination (2)
-
- Juries (2)
- Law reform (2)
- Michigan (2)
- Physician-assisted suicide (2)
- Property (2)
- Washington (2)
- Access to the courts (1)
- Adversarial proceedings (1)
- African-Americans (1)
- American culture (1)
- Archives (1)
- Autonomy (1)
- Bias (1)
- California (1)
- Casebooks (1)
- Ceiling principle (1)
- Clinical legal education (1)
- Collective bargaining (1)
- Community (1)
- Constitutionality (1)
- Crime (1)
- Crimes (1)
- Criminal justice (1)
- Criminal procedure (1)
- Cruzan (Nancy) (1)
Articles 1 - 30 of 62
Full-Text Articles in Entire DC Network
Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen
Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen
Articles
No abstract provided.
Readings By Our Unitary Executive, Lawrence Lessig
Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert
Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert
Articles
The ceiling principle is an intentionally conservative way of estimating the frequency with which individuals who share particular alleles appear in the general population. It establishes frequencies for each allele by taking random samples of 100 individuals from each of 15 to 20 populations and using the largest frequency with which the allele is found in any of these populations or 5 percent, whichever is larger, as an estimate of the allele's frequency in the population of interest. These frequencies are then multiplied to yield an estimate of the likelihood that a randomly selected person would exhibit the same allelic …
The Suspect Population And Dna Identification, Richard O. Lempert
The Suspect Population And Dna Identification, Richard O. Lempert
Articles
Forensic DNA analysis typically proceeds by first determining whether alleles (one of two or more alternative forms of a gene) found in DNA apparently left by the perpetrator of a crime at a crime scene (the "evidence sample") match alleles extracted from a sample of the suspected criminal's blood (the "suspect sample"). If alleles drawn from the two sources match, the next step is to provide information about the probative value of the match by estimating the probability that alleles extracted from the blood of some random individual would have matched the alleles in the evidence sample. Thinking in terms …
Legal Scholarship Today, Richard A. Posner
Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen
Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen
Articles
No abstract provided.
Obligation Or Restitution For Best Efforts, Saul Levmore
Obligation Or Restitution For Best Efforts, Saul Levmore
Articles
No abstract provided.
Well-Being And The State, Cass R. Sunstein
Structuring The Separation Of Powers, Philip B. Kurland
Structuring The Separation Of Powers, Philip B. Kurland
Articles
No abstract provided.
Article Ii Revisionism Correspondence, Cass R. Sunstein
Article Ii Revisionism Correspondence, Cass R. Sunstein
Articles
No abstract provided.
Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan
Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan
Articles
No abstract provided.
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
The Man Who Once Was Whizzer White, Dennis J. Hutchinson
Articles
No abstract provided.
Monarch, Lackey, Or Judge?, Albert Alschuler
Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein
Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein
Articles
In this Article, the author argues that mandatory, non-binding federal court-annexed arbitration programs will not succeed in increasing access to justice, and may in fact decrease access to justice for poorer litigants, precisely the people the programs were designed to help. After exploring the effects of such programs on parties' litigation decisions and demonstrating that the programs are unlikely to create private or social benefits, the Article explores the attributes of private ADR tribunals that parties find desirable and the many ways, apart from reducing cost and delay, that private ADR agreements create value. The Article concludes that, while the …
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
Articles
No abstract provided.
Conservative Free Speech And The Uneasy Case For Judicial Review, Mary E. Becker
Conservative Free Speech And The Uneasy Case For Judicial Review, Mary E. Becker
Articles
No abstract provided.
A Libel Story: Sullivan Then And Now (Reviewing Anthony Lewis, Make No Law: The Sullivan Case And The First Amendment (1991)), Elena Kagan
Articles
No abstract provided.
Words, Conduct, Caste, Cass R. Sunstein
Presidential Interpretation Of The Constitution, David A. Strauss
Presidential Interpretation Of The Constitution, David A. Strauss
Articles
No abstract provided.
The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase
The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase
Articles
Minnesota's experience with sentencing guidelines remains critically important to legislators and sentencing reformers in other jurisdictions. Minnesota adopted the first commission-based presumptive sentencing system in 1980, and its Guidelines 1 have been the focus of exhaustive study. 2 The Minnesota Sentencing Guidelines Commission has routinely collected extensive data on all felony sentences, as well as more detailed data on selected sentencing samples. 3 This rich source of data and commentary, coupled with a considerable appellate caselaw interpreting the Guidelines and over a decade of legislative and Commission-initiated amendments, provides invaluable lessons concerning the processes by which commission-based guidelines are drafted, …
The Uncertain Future Of Sentencing Guidelines, Richard Frase
The Uncertain Future Of Sentencing Guidelines, Richard Frase
Articles
As of the fall of 1993, at least 15 states and the federal government had adopted or were in the process of adopting sentencing guidelines developed by an independent sentencing commission. 1 Minnesota pioneered this approach to sentencing reform in 1978. 2 Its guidelines have now been in effect for more than a decade, and they have been more extensively studied and evaluated than any other system. 3 In addition, many observers believe that the Minne sota Sentencing Guidelines remain one of the better-designed and successful systems of this type. 4 Ironically, the more-recently-enacted Federal Sentencing Guidelines may be the …
Organizational Crime, Michael Tonry
Sentencing Commissions And Their Guidelines, Michael Tonry
Sentencing Commissions And Their Guidelines, Michael Tonry
Articles
Sentencing commissions, administrative agencies charged to develop and promulgate standards for sentencing, were first proposed early in the 1970s and first established in 1978. Of four recent major sentencing reform approaches-the others being parole guidelines, voluntary sentencing guidelines, and statutory determinate sentences-only sentencing commission systems continue to be created. Despite controversies associated with the highly unpopular federal guidelines, commissions and their guidelines have achieved their primary goals. Some commissions have achieved specialized technical competence, have adopted comprehensive policy approaches, and have to a degree insulated policy from short-term political pressures. Guidelines have reduced disparities and gender and sex differences in …
The Success Of Judge Frankel's Sentencing Commission, Michael Tonry
The Success Of Judge Frankel's Sentencing Commission, Michael Tonry
Articles
No abstract provided.
Voluntarism Triumphant: Forbath On Law And Labor, Carol Chomsky
Voluntarism Triumphant: Forbath On Law And Labor, Carol Chomsky
Articles
No abstract provided.
Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger
Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger
Articles
No abstract provided.
Racial Disproportion In Us Prisons, Michael Tonry
Globalization Of Constitutional Law And Civil Rights, David Weissbrodt
Globalization Of Constitutional Law And Civil Rights, David Weissbrodt
Articles
The teaching of U.S. constitutional law is remarkably insular. A quick review of course books reveals few, if any, references to materials from other countries or to relevant international law.1 Constitutional law courses focus almost exclusively on the U.S. constitutional order. The course books appear to consider as unique this country's balance of power between the national government and the states and its approach to bridging the structural tension among executive, legislative, andjudicial branches. One colleague facetiously told me that the only country comparable to the United States is the United Kingdom. Since the U.K. has no written constitution, the …
The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows
The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows
Articles
The purpose of this Article is to explore how inheritance law, through its reliance on the laws regarding legitimacy, affects the construction of sexuality and procreative power in our society. The crucial importance of female monogamy in a private property regime is well-recognized. It is the only means by which a man can assure himself that his wealth will be inherited by his offspring. The enforcement of female monogamy by men enhances a man’s procreative power because it provides the basis for his claim of paternity.
Criminalizing The American Juvenile Court, Barry C. Feld
Criminalizing The American Juvenile Court, Barry C. Feld
Articles
Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …