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Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen Dec 1993

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 Oct 1993

Readings By Our Unitary Executive, Lawrence Lessig

Articles

No abstract provided.


Dna, Science And The Law: Two Cheers For The Ceiling Principle, Richard O. Lempert Sep 1993

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 Sep 1993

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 Jul 1993

Legal Scholarship Today, Richard A. Posner

Articles

No abstract provided.


Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen Jul 1993

Beyond Guidelines: The Commission As Sentencing Clearinghouse, David Yellen

Articles

No abstract provided.


Obligation Or Restitution For Best Efforts, Saul Levmore Jan 1993

Obligation Or Restitution For Best Efforts, Saul Levmore

Articles

No abstract provided.


Well-Being And The State, Cass R. Sunstein Jan 1993

Well-Being And The State, Cass R. Sunstein

Articles

No abstract provided.


Structuring The Separation Of Powers, Philip B. Kurland Jan 1993

Structuring The Separation Of Powers, Philip B. Kurland

Articles

No abstract provided.


Article Ii Revisionism Correspondence, Cass R. Sunstein Jan 1993

Article Ii Revisionism Correspondence, Cass R. Sunstein

Articles

No abstract provided.


Regulation Of Hate Speech And Pornography After R. A. V., Elena Kagan Jan 1993

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 Jan 1993

The Man Who Once Was Whizzer White, Dennis J. Hutchinson

Articles

No abstract provided.


Monarch, Lackey, Or Judge?, Albert Alschuler Jan 1993

Monarch, Lackey, Or Judge?, Albert Alschuler

Articles

No abstract provided.


Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

Words, Conduct, Caste, Cass R. Sunstein

Articles

No abstract provided.


Presidential Interpretation Of The Constitution, David A. Strauss Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

Organizational Crime, Michael Tonry

Articles

No abstract provided.


Sentencing Commissions And Their Guidelines, Michael Tonry Jan 1993

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 Jan 1993

The Success Of Judge Frankel's Sentencing Commission, Michael Tonry

Articles

No abstract provided.


Voluntarism Triumphant: Forbath On Law And Labor, Carol Chomsky Jan 1993

Voluntarism Triumphant: Forbath On Law And Labor, Carol Chomsky

Articles

No abstract provided.


Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger Jan 1993

Marriage, Divorce, And The Family: A Cautionary Tale, Judith T. Younger

Articles

No abstract provided.


Racial Disproportion In Us Prisons, Michael Tonry Jan 1993

Racial Disproportion In Us Prisons, Michael Tonry

Articles

No abstract provided.


Globalization Of Constitutional Law And Civil Rights, David Weissbrodt Jan 1993

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 Jan 1993

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 Jan 1993

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 …