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Articles 1 - 29 of 29
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The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Articles
Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.
In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler
Introduction: Adding A Comparative Perspective To American Criminal Procedure Classes, Albert Alschuler
Articles
No abstract provided.
Federalism And The Family Reconstructed, Jill Elaine Hasday
Federalism And The Family Reconstructed, Jill Elaine Hasday
Articles
No abstract provided.
Against Constitutional Theory, Richard A. Posner
Against Constitutional Theory, Richard A. Posner
Articles
In this Madison Lecture, Chief Judge Posner advocates a pragmatic approach to constitutional decisionmaking, criticizing constitutional theorists who conceal their normative goals in vague and unworkable principles of interpretation. After discussing specific constitutional theories as well as the legal academy's increasing reliance on theory in genera Posner demonstrates the ineffectuality of constitutional theory, using the Supreme Court's decisions in United States v. Virginia and Romer v. Evans as examples. He argues not that these cases were necessarily wrongly decided, but that the opinions lack the empirical support that is crucial to sound constitutional adjudication. Posner urges law professors to focus …
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Why It's Not Free Speech Versus Fair Trial, David A. Strauss
Articles
No abstract provided.
Bad Incentives And Bad Institutions, Cass R. Sunstein
Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer
Antiquated Procedures Or Bedrock Rights: A Response To Professors Meares And Kahan The Right To A Fair Trial, Albert Alschuler, Stephen J. Schulhofer
Articles
No abstract provided.
Race And Selective Prosecution: Discovering The Pitfalls Of Armstrong, Richard H. Mcadams
Race And Selective Prosecution: Discovering The Pitfalls Of Armstrong, Richard H. Mcadams
Articles
No abstract provided.
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Constructing A Jury That Is Both Impartial And Representative: Utilizing Cumulative Voting In Jury Selection, Edward S. Adams, Christian J. Lane
Articles
One of the main and ongoing problems plaguing the American jury system has been ensuring that juries in civil and criminal trials are truly representative of the communities in which they serve. Historically, minorities have been disproportionately excluded from jury service. This shortfall results from a combination of factors at each stage of the juror identification process. At the jury pool stage, juror notification methods often fail to identify or reach minorities for tie simple reason that minorities generally are poorer and more transient. At the venire stage, those minorities who actually receive notification report to the courthouse at a …
Youth Violence In America, Mark H. Moore, Michael Tonry
Youth Violence In America, Mark H. Moore, Michael Tonry
Articles
No abstract provided.
Intermediate Sanctions In Sentencing Guidelines, Michael Tonry
Intermediate Sanctions In Sentencing Guidelines, Michael Tonry
Articles
No abstract provided.
Main-Streaming Comparative Criminal Justice: How To Incorporate Comparative And International Concepts And Materials Into Basic Criminal Law And Procedure Courses, Richard Frase
Articles
No abstract provided.
An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke
An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke
Articles
The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards in pursuit …
Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner
Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
No abstract provided.
How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler
How To Win The Trial Of The Century: The Ethics Of Lord Brougham And The O. J. Simpson Defense Team, Albert W. Alschuler
Articles
No abstract provided.
Assessing Punitive Damages (With Notes On Cognition And Valuation In Law), Cass R. Sunstein, Daniel Kahneman, David Schkade
Assessing Punitive Damages (With Notes On Cognition And Valuation In Law), Cass R. Sunstein, Daniel Kahneman, David Schkade
Articles
No abstract provided.
Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams
Symposium On Race And Criminal Law: Introduction, Richard H. Mcadams
Articles
No abstract provided.
Making Pets: Social Workers, Problem Groups, And The Role Of The Spca--Getting A Little More Precise About Racialized Narratives Commentary, Richard Delgado
Making Pets: Social Workers, Problem Groups, And The Role Of The Spca--Getting A Little More Precise About Racialized Narratives Commentary, Richard Delgado
Articles
No abstract provided.
When Does Private Discrimination Justify Public Affirmative Action, Ian Ayres, Fredrick E. Vars
When Does Private Discrimination Justify Public Affirmative Action, Ian Ayres, Fredrick E. Vars
Articles
No abstract provided.
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Thoughts From Across The Water On Hearsay And Confrontation, Richard D. Friedman
Articles
This article draws on the history of the hearsay rule, and on recent decisions of the European Court of Human Rights, to argue that the right to confrontation should be recognised as a basic principle of the law of evidence, and that aspects of the Law Commission's proposals for reform of the hearsay rule, and of the Home Office's proposals for restrictions on the right of cross-examination, are therefore unsatisfactory.
Update: American Public Opinion On The Death Penalty - It's Getting Personal (Symposium: How The Death Penalty Works: Empirical Studies Of The Modern Capital Sentencing System), Samuel R. Gross
Articles
Americans' views on capital punishment have stabilized. In 1994, when Professor Phoebe Ellsworth and I published a review of research on death penalty attitudes in the United States,' we began by noting that "support for the death penalty [is] at a near record high."'2 That finding, like most of the others we reported, has not changed. Nonetheless, it is interesting to pause and review the data on public opinion on the death penalty that have accumulated over the past several years. Stability is less dramatic than change but it may be equally important, and there is some news to report. …
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Lost Lives: Miscarriages Of Justice In Capital Cases, Samuel R. Gross
Articles
One of the longstanding complaints against the death penalty is that it "distort[s] the course of the criminal law."' Capital prosecutions are expensive and complicated; they draw sensational attention from the press; they are litigated-before, during, and after trial-at greater length and depth than other felonies; they generate more intense emotions, for and against; they last longer and live in memory. There is no dispute about these effects, only about their significance. To opponents of the death penalty, they range from minor to severe faults; to proponents, from tolerable costs to major virtues. ntil recently, however, the conviction of innocent …
Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar
Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar
Articles
Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?
Race Trials, Anthony V. Alfieri
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Articles
No abstract provided.
Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman
Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman
Articles
The law and economics movement has had a major impact on many areas of law, but rather little on the law of evidence. This is not to say that there have been no attempts to analyze evidentiary issues through an economic lens,' but such efforts are far more scattered in evidence than in other legal fields, including the closely related one of civil procedure.2 Believing that economics has value for evidentiary analysis, I suggested to the Executive Committee and Advisory Board of the Evidence Section of the Association of American Law Schools ("AALS"), when I was chairman of the section, …
Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld
Juvenile And Criminal Justice Systems' Responses To Youth Violence, Barry C. Feld
Articles
Within the past decade, nearly every state has amended its juvenile code in response to perceived increases in serious, persistent, and violent youth crime. These changes diminish the jurisdiction of juvenile courts as judicial decisions and statutory changes transfer more youths from juvenile courts to criminal courts so that young offenders can be sentenced as adults. Amendments to juvenile sentencing laws increase the punitiveness of sanctions available to juvenile court judges. Other strategies attempt to "blend," or merge, juvenile and criminal court jurisdiction and sentencing authority over violent young offenders. These "get tough" policies affect the numbers and types of …
"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones
"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones
Articles
No abstract provided.