Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Finding "Tapia Error": How Circuit Courts Have Misread 'Tapia V. United States' And Shortchanged The Penological Goals Of The Sentencing Reform Act, Matt J. Gornick
Finding "Tapia Error": How Circuit Courts Have Misread 'Tapia V. United States' And Shortchanged The Penological Goals Of The Sentencing Reform Act, Matt J. Gornick
Vanderbilt Law Review
The American criminal justice system is called many things; "compassionate" is usually not one of them. Yet in the course of federal criminal proceedings, a sentencing hearing allows a judge to convey compassion toward a defendant, if only to say, "I'm sorry about your situation, but this is how I must apply the law." Likewise, a defendant might throw herself on the mercy of the court in hopes that the judge exercises discretion compassionately. Mitigating factors and downward departures suggest that judges are capable of doing so. But how does a sentencing judge show compassion, as opposed to simply feeling …
The Management Of Staff By Federal Court Of Appeals Judges, Mitu Gulati, Richard A. Posner
The Management Of Staff By Federal Court Of Appeals Judges, Mitu Gulati, Richard A. Posner
Vanderbilt Law Review
Federal court of appeals judges have staffs consisting usually of a secretary and four law clerks; some judges have externs as well (law students working part time without pay). These staffs are essential, given judicial workloads and judges'limitations. Yet not much is known about how the judges manage their staffs. Each judge knows, of course, but judges rarely exchange information about staff management. Nor is there, to our knowledge, a literature that attempts to compare and evaluate the varieties of staff management techniques employed by federal court of appeals judges. This Essay aims to fill that gap. It is based …