Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2)
- Courts (2)
- Jurisprudence (2)
- Legal History (2)
- Antitrust and Trade Regulation (1)
-
- Civil Rights and Discrimination (1)
- Criminal Law (1)
- Criminology (1)
- Intellectual Property Law (1)
- Law Enforcement and Corrections (1)
- Law and Politics (1)
- Law and Society (1)
- President/Executive Department (1)
- Public Law and Legal Theory (1)
- Social Control, Law, Crime, and Deviance (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- Keyword
-
- Antitrust (1)
- Apprendi (1)
- Blakely (1)
- Booker (1)
- Congress (1)
-
- Criminal sentences (1)
- Detention (1)
- Enemy combatants (1)
- Executive detention (1)
- Federal Sentencing Guidelines (1)
- Guantanamo (1)
- Interrogation policy (1)
- Judicial Branch (1)
- Judicial discretion (1)
- Juries (1)
- Maximum sentences (1)
- Monopoly (1)
- Patents (1)
- Sixth Amendment (1)
- Standard Setting (1)
- Torture (1)
Articles 1 - 4 of 4
Full-Text Articles in Judges
Judicial Fact-Finding At Sentencing, Stephanos Bibas
Judicial Fact-Finding At Sentencing, Stephanos Bibas
All Faculty Scholarship
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New Jersey, Blakely v. Washington, and United States v. Booker to limit judges' ability to find facts at sentencing. Paradoxically, the much-criticized Federal Sentencing Guidelines have survived; a line of cases that began as an effort to restore juries' role has turned into a guarantor of judicial discretion; and the doctrine has quickly moved far from its Sixth Amendment roots to a policy balancing test. The Court could instead have pursued a different, more fruitful path. The Court did not have to force sentencing factors into …
The Intellectual Property-Antitrust Interface, Herbert J. Hovenkamp
The Intellectual Property-Antitrust Interface, Herbert J. Hovenkamp
All Faculty Scholarship
This historical overview examines the relationship between antitrust policy and intellectual property in the United States since 1890. Over most of this history, judges imagined far greater conflicts between antitrust policy and intellectual property rights than actually existed, or else relied on sweeping generalizations rather than close analysis. For example, they often assumed that the presence of an intellectual property right led to anticompetitive effects where there was no basis for finding any injury to competition at all. At the other extreme, they often concluded that an intellectual property right immunized seriously anticompetitive conduct even when the intellectual property statute …
Judicial Supremacy, Judicial Activism: Cooper V. Aaron And Parents Involved, Kermit Roosevelt Iii
Judicial Supremacy, Judicial Activism: Cooper V. Aaron And Parents Involved, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Detention And Interrogation In The Post-9/11 World, Kermit Roosevelt Iii
Detention And Interrogation In The Post-9/11 World, Kermit Roosevelt Iii
All Faculty Scholarship
Our detention and interrogation policies in the wake of the terrorist attacks of 9/11 have been a disaster. This paper, delivered as a Donahue Lecture at Suffolk University Law School in February 2008, explores the dimensions and source of that disaster. It first offers a clear and intelligible narrative of the construction and implementation of executive detention and interrogation policy and then analyzes the roles played by the different branches of government and the American people in order to understand how we have ended up in our current situation.