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Articles 1 - 8 of 8
Full-Text Articles in Judges
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
White-Collar Plea Bargaining And Sentencing After Booker, Stephanos Bibas
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This symposium essay speculates about how Booker's loosening of the Federal Sentencing Guidelines is likely to affect white-collar plea bargaining and sentencing. Prosecutors' punishment intuitions and the strong white-collar defense bar will keep white-collar sentencing from growing as harsh as drug sentencing, but the parallels are nonetheless ominous. The essay suggests that the Sentencing Commission revise its loss-computation rules, calibrate white-collar sentences to their core purpose of expressing condemnation, and adding shaming punishments and apologies to give moderate prison sentences more bite.
Results Of A Judicial Survey On The Maryland Department Of Juvenile Services, Gloria Danziger, Barbara A. Babb
Results Of A Judicial Survey On The Maryland Department Of Juvenile Services, Gloria Danziger, Barbara A. Babb
All Faculty Scholarship
No abstract provided.
Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii
Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii
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No abstract provided.
Justice Harry Blackmun And The Phenomenon Of Judicial Preference Change, Theodore Ruger
Justice Harry Blackmun And The Phenomenon Of Judicial Preference Change, Theodore Ruger
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No abstract provided.
Preclusion In Class Action Litigation, Tobias Barrington Wolff
Preclusion In Class Action Litigation, Tobias Barrington Wolff
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"Despite the intense focus that courts and commentators have trained upon class litigation for the last twenty-five years, a central feature of the class-action lawsuit has received no sustained attention: the preclusive effect that a judgment in a class action should have upon the other, non-class claims of absentees. The omission is a serious one. If claim and issue preclusion were to operate in their normal mode when a claim is certified for class treatment, absentees would sometimes face a serious threat of having their high-value individual claims compromised. Such a threat, in turn, can create ex ante conflicts of …
Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii
Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii
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No abstract provided.
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
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No abstract provided.
Sentencing Decisions: Matching The Decisionmaker To The Decision Nature, Paul H. Robinson, Barbara A. Spellman
Sentencing Decisions: Matching The Decisionmaker To The Decision Nature, Paul H. Robinson, Barbara A. Spellman
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The present sentencing debate focuses on which decisionmaker is best suited to make the sentencing decision. Competing positions in this debate typically view the sentencing decision as monolithic, preferring one decisionmaker over all the others. A monolithic view of the decision unnecessarily invites poor decisionmaking. The sentencing decision is properly viewed as a series of distinct decisions, each of which can best be performed by a decisionmaker with certain qualities. This Essay demonstrates how a system of optimal decisionmaking might be constructed -by sorting out the different attributes called for by the distinct aspects of the sentencing decision and matching …