Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 58
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
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
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
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
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
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
Children's Legal Rights Journal
No abstract provided.
The Economic Perspective On Sentencing, Joshua B. Fischman
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
“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
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
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
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.
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
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.
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
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
Confrontation Clause And Testimonial Evidence: After Two Supreme Court Decisions, Standard Remains Unclear., Alan Raphael
Faculty Publications & Other Works
No abstract provided.