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Full-Text Articles in Law

Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne Oct 2011

Remarks Of William Van Alstyne On The Brandenburg Panel, William W. Van Alstyne

Faculty Publications

No abstract provided.


12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam M. Gershowitz Apr 2011

12 Unnecessary Men: The Case For Eliminating Jury Trials In Drunk Driving Cases, Adam M. Gershowitz

Faculty Publications

Over the last few decades, states have imposed tougher punishments on drunk drivers. This Article argues that increasing punishments is counterproductive. If legislatures are seeking to hold guilty offenders accountable and deter drunk driving, they should keep punishments low and instead abolish the right to jury trials. Under the petty offense doctrine, the Supreme Court has authorized states to abolish jury trials when defendants face a maximum sentence of six months’ incarceration. Social science evidence has long demonstrated that judges are more likely to convict than juries, particularly in drunk driving cases. And researchers have found that the certainty of …


Contempt Of Congress, Aaron-Andrew P. Bruhl Jan 2011

Contempt Of Congress, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.