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Full-Text Articles in Law

Oral Argument In The Time Of Covid: The Chief Plays Calvinball, Matthew Sag, Tonja Jacobi, Timothy R. Johnson, Eve M. Ringsmuth Jan 2021

Oral Argument In The Time Of Covid: The Chief Plays Calvinball, Matthew Sag, Tonja Jacobi, Timothy R. Johnson, Eve M. Ringsmuth

Faculty Publications & Other Works

In this Article, we empirically assess the Supreme Court’s experiment in hearing telephonic oral arguments. We compare the telephonic hearings to those heard in-person by the current Court and examine whether the justices followed norms of fairness and equality. We show that the telephonic forum changed the dynamics of oral argument in a way that gave the Chief Justice new power, and that Chief Justice Roberts, knowingly or unknowingly, used that new power to benefit his ideological allies. We also show that the Chief interrupted the female justices disproportionately more than the male justices and gave the male justices more …


In The Courts: A Balancing Act: The Protection Of Child Abuse Victims And The Rights Of A Defendant, Jennifer Fox Jan 2015

In The Courts: A Balancing Act: The Protection Of Child Abuse Victims And The Rights Of A Defendant, Jennifer Fox

Children's Legal Rights Journal

No abstract provided.


How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge Jan 2014

How To Talk About Sentencing Policy--And Not Disparity, Nancy Gertner Judge

Loyola University Chicago Law Journal

No abstract provided.


Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen Jan 2014

Sentencing Enhancement And The Crime Victim's Brain, Francis X. Shen

Loyola University Chicago Law Journal

Criminal offenders who inflict serious bodily injury to another in the course of criminal conduct are typically sentenced more harshly than those who do not cause such injuries. But what if the harm caused is “mental” or “psychological” and not “physical”? Should the sentencing enhancement still apply? Federal and state courts are already wrestling with this issue, and modern neuroscience offers new challenges to courts’ analyses. This Article thus tackles the question: In light of current neuroscientific knowledge, when and how should sentencing enhancements for bodily injury include mental injuries? The Article argues that classification of “mental” as wholly distinct …


Threats And Bullying By Prosecutors, Bennett L. Gershman Jan 2014

Threats And Bullying By Prosecutors, Bennett L. Gershman

Loyola University Chicago Law Journal

No abstract provided.


In The Courts: When The Bell Rings Silently: Punitive And Other Constitutional Concerns For Juvenile Detainees In Isolation, Kevin Young Jan 2014

In The Courts: When The Bell Rings Silently: Punitive And Other Constitutional Concerns For Juvenile Detainees In Isolation, Kevin Young

Children's Legal Rights Journal

No abstract provided.


The Economic Perspective On Sentencing, Joshua B. Fischman Jan 2014

The Economic Perspective On Sentencing, Joshua B. Fischman

Loyola University Chicago Law Journal

Although economists have been actively engaged in research on criminal sentencing, the synergies between the two fields are hardly obvious. This Essay considers what economists have to contribute to the study of sentencing. One common explanation—that economists’ use of rational choice modeling has applicability to the study of deterrence—does not adequately account for much of the sentencing research that economists are producing. This Essay considers two alternative explanations. First, empirical research in both fields is predominately observational. Due to practical limits on controlled experimentation, economists have developed a variety of tools for making causal inferences from observational data, many of …


The Law And Economics Of Stop-And-Frisk, David Abrams Jan 2014

The Law And Economics Of Stop-And-Frisk, David Abrams

Loyola University Chicago Law Journal

The relevant economic and legal research relating to police use of stop-and-frisk has largely been distinct. There is much to be gained by taking an interdisciplinary approach. This Essay emphasizes some of the challenges faced by those seeking to evaluate the efficacy and legality of stop-and-frisk, and suggests some ways forward and areas of exploration for future research


Skepticism About Deterrence, Thomas S. Ulen Jan 2014

Skepticism About Deterrence, Thomas S. Ulen

Loyola University Chicago Law Journal

In this Essay I first review the standard law-and-economics model of how rational potential criminals decide whether to commit a crime, and how rational criminals might be deterred from committing crime by raising the expected costs of crime. I also show how that model has had a deep impact on criminal-justice-system policy in the United States since at least 1980. I then express deep skepticism about the continued effectiveness of this model and its policy implications. First, I show how modern empirical research on deterrence argues that we have gone much too far in our use of incarceration; in brief, …


Breaking Through The Courtroom Door: Reexamining The Illinois Supreme Court’S Public Education Finance Cases, Nicholas Infusino Jan 2013

Breaking Through The Courtroom Door: Reexamining The Illinois Supreme Court’S Public Education Finance Cases, Nicholas Infusino

Children's Legal Rights Journal

No abstract provided.


Statistically Speaking: Distinguishing Misinformation From Effective Intervention In The Court System’S Treatment Of Ptsd-Affected Juvenile Sex Offenders, Kathryn Huber Jan 2013

Statistically Speaking: Distinguishing Misinformation From Effective Intervention In The Court System’S Treatment Of Ptsd-Affected Juvenile Sex Offenders, Kathryn Huber

Children's Legal Rights Journal

No abstract provided.


Uneven Access To Special Immigration Juvenile Status: How The Nebraska Supreme Court Became An Immigration Gatekeeper, Megan Johnson, Yasmin Yavar Jan 2013

Uneven Access To Special Immigration Juvenile Status: How The Nebraska Supreme Court Became An Immigration Gatekeeper, Megan Johnson, Yasmin Yavar

Children's Legal Rights Journal

No abstract provided.


Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements, Marlee P. Kutcher Jan 2013

Waiting Is The Hardest Part: Why The Supreme Court Should Adopt The Third Circuit's Analysis Of Pay-For-Delay Settlement Agreements, Marlee P. Kutcher

Loyola University Chicago Law Journal

No abstract provided.


A Legal Team Of One: Pro Se Divorce In Cook County, Margaret Davis Jan 2013

A Legal Team Of One: Pro Se Divorce In Cook County, Margaret Davis

Public Interest Law Reporter

No abstract provided.


Law And Discretion In The Supreme Court: A Response To Professor Lubet, Barry Sullivan Jan 2013

Law And Discretion In The Supreme Court: A Response To Professor Lubet, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


Mission Creep Or A Search For Relevance: The East African Court Of Justice’S Human Rights Strategy, James T. Gathii Jan 2013

Mission Creep Or A Search For Relevance: The East African Court Of Justice’S Human Rights Strategy, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Summary Pre-Judgment: The Supreme Court's Profound, Pervasive And Problematic Presumption About Human Behavior., Michael J. Kaufman Jan 2012

Summary Pre-Judgment: The Supreme Court's Profound, Pervasive And Problematic Presumption About Human Behavior., Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.


Beyond Judicial Activism: When The Supreme Court Is No Longer A Court., Margaret L. Moses Jan 2011

Beyond Judicial Activism: When The Supreme Court Is No Longer A Court., Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.


Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm Jan 2010

Early Release Programs In Illinois: Justifiable Or Objectionable?, Bill Schramm

Public Interest Law Reporter

No abstract provided.


Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy Jan 2010

Punishing Juveniles: Is Life Without Parole Too Cruel?, Amy Mccarthy

Public Interest Law Reporter

No abstract provided.


The International Criminal Court: An Informal Overview, Jerry E. Norton Jan 2010

The International Criminal Court: An Informal Overview, Jerry E. Norton

Faculty Publications & Other Works

No abstract provided.


“Death Is Different” No Longer: Graham V. Florida And The Future Of Eighth Amendment Challenges To Noncapital Sentences., Barry Sullivan Jan 2010

“Death Is Different” No Longer: Graham V. Florida And The Future Of Eighth Amendment Challenges To Noncapital Sentences., Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


Justice Ginsburg's Struggle To Preserve Her Legacy, Kiran Mehta Jan 2008

Justice Ginsburg's Struggle To Preserve Her Legacy, Kiran Mehta

Public Interest Law Reporter

No abstract provided.


Supreme Court Strikes Down D.C. Handgun Ordinance: Will Chicago Follow Suit?, Danielle Luisi Jan 2008

Supreme Court Strikes Down D.C. Handgun Ordinance: Will Chicago Follow Suit?, Danielle Luisi

Public Interest Law Reporter

No abstract provided.


Recent Appellate Court Decisions On Eyewitness Identification, Jerry E. Norton Jan 2006

Recent Appellate Court Decisions On Eyewitness Identification, Jerry E. Norton

Public Interest Law Reporter

No abstract provided.


The Benefits Of Socially Supportive Interviewing For Child Eyewitnesses, Bette L. Bottoms Ph.D. Jan 2006

The Benefits Of Socially Supportive Interviewing For Child Eyewitnesses, Bette L. Bottoms Ph.D.

Public Interest Law Reporter

No abstract provided.


In Response To The Illinois Pilot Program On Simultaneous V. Sequential Lineups, Ebbe B. Ebbesen, Kristin M. Finklea Jan 2006

In Response To The Illinois Pilot Program On Simultaneous V. Sequential Lineups, Ebbe B. Ebbesen, Kristin M. Finklea

Public Interest Law Reporter

No abstract provided.


The Street, The Lab, The Courtroom, The Meeting Room, James M. Doyle, Steven Penrod Ph.D., Margaret Bull Kovera Ph.D., Jennifer Dysart Ph.D. Jan 2006

The Street, The Lab, The Courtroom, The Meeting Room, James M. Doyle, Steven Penrod Ph.D., Margaret Bull Kovera Ph.D., Jennifer Dysart Ph.D.

Public Interest Law Reporter

No abstract provided.


Notes On The Illinois Pilot Program On Sequential Double-Blind Identification Procedures, Roy L. Malpass Jan 2006

Notes On The Illinois Pilot Program On Sequential Double-Blind Identification Procedures, Roy L. Malpass

Public Interest Law Reporter

No abstract provided.


Confrontation Clause And Testimonial Evidence: After Two Supreme Court Decisions, Standard Remains Unclear., Alan Raphael Jan 2006

Confrontation Clause And Testimonial Evidence: After Two Supreme Court Decisions, Standard Remains Unclear., Alan Raphael

Faculty Publications & Other Works

No abstract provided.