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A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner 2010 Northwestern Pritzker School of Law

A Short History Of American Sentencing: Too Little Law, Too Much Law, Or Just Right, Nancy Gertner

Journal of Criminal Law and Criminology

No abstract provided.


Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez 2010 Northwestern Pritzker School of Law

Racial And Ethnic Disparity And Criminal Justice: How Much Is Too Much, Robert D. Crutchfield, April Fernandes, Jorge Martinez

Journal of Criminal Law and Criminology

No abstract provided.


How Much Do We Really Know About Criminal Deterrence, Raymond Paternoster 2010 Northwestern Pritzker School of Law

How Much Do We Really Know About Criminal Deterrence, Raymond Paternoster

Journal of Criminal Law and Criminology

No abstract provided.


Efficiency And Cost: The Impact Of Videoconferenced Hearings On Bail Decisions, Shari Seidman Diamond, Locke E. Bowman, Manyee Wong, Matthew M. Patton 2010 Northwestern University School of Law

Efficiency And Cost: The Impact Of Videoconferenced Hearings On Bail Decisions, Shari Seidman Diamond, Locke E. Bowman, Manyee Wong, Matthew M. Patton

Journal of Criminal Law and Criminology

No abstract provided.


One Hundred Years Of Race And Crime, Paul Butler 2010 Northwestern Pritzker School of Law

One Hundred Years Of Race And Crime, Paul Butler

Journal of Criminal Law and Criminology

No abstract provided.


The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies 2010 Northwestern Pritzker School of Law

The Supreme Court Giveth And The Supreme Court Taketh Away: The Century Of Fourth Amendment Search And Seizure Doctrine, Thomas Y. Davies

Journal of Criminal Law and Criminology

No abstract provided.


Offending Women: A Double Entendre, Joanne Belknap 2010 Northwestern Pritzker School of Law

Offending Women: A Double Entendre, Joanne Belknap

Journal of Criminal Law and Criminology

No abstract provided.


The Twilight Of The Pardon Power, Margaret Colgate Love 2010 Northwestern Pritzker School of Law

The Twilight Of The Pardon Power, Margaret Colgate Love

Journal of Criminal Law and Criminology

No abstract provided.


Remarks At The Dinner Celebrating The Centennial Of The Journal Of Criminal Law And Criminology, Steven A. Drizin 2010 Northwestern University School of Law

Remarks At The Dinner Celebrating The Centennial Of The Journal Of Criminal Law And Criminology, Steven A. Drizin

Journal of Criminal Law and Criminology

No abstract provided.


Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey 2010 Northwestern Pritzker School of Law

Lost In Translation: Domestic Violence, The Personal Is Political, And The Criminal Justice System, Kimberly D. Bailey

Journal of Criminal Law and Criminology

No abstract provided.


Package Bombs, Footlockers, And Laptops: What The Disappearing Container Doctrine Can Tell Us About The Fourth Amendment, Cynthia Lee 2010 Northwestern Pritzker School of Law

Package Bombs, Footlockers, And Laptops: What The Disappearing Container Doctrine Can Tell Us About The Fourth Amendment, Cynthia Lee

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews, Juliet S. Sorensen 2010 Northwestern Pritzker School of Law

Book Reviews, Juliet S. Sorensen

Journal of Criminal Law and Criminology

No abstract provided.


Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller 2010 Northwestern University School of Law

Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller

Faculty Working Papers

In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court ...


Methodological Advances And Empirical Legal Scholarship: A Note On The Cox And Miles' Voting Rights Act Study, Nancy Staudt, Tyler VanderWeele 2010 Northwestern University School of Law

Methodological Advances And Empirical Legal Scholarship: A Note On The Cox And Miles' Voting Rights Act Study, Nancy Staudt, Tyler Vanderweele

Faculty Working Papers

In this Response, we use Professors Cox and Miles' recent study of judicial decision-making to explore what is at stake when legal scholars present empirical findings without fully investigating the structural relationships of their data or without explicitly stating the assumptions being made to draw causal inferences. We then introduce a new methodology that is intuitive, easy to use, and, most importantly, allows scholars systematically to assess problems of bias and confounding. This methodology—known as causal directed acyclic graphs—will help empirical researchers to identify true cause and effect relationships when they exist and, at the same time, posit ...


Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt 2010 Northwestern University School of Law

Economic Trends And Judicial Outcomes: A Macrotheory Of The Court, Thomas Brennan, Lee Epstein, Nancy Staudt

Faculty Working Papers

In this symposium essay, we investigate the effect of economic conditions on the voting behavior of U.S. Supreme Court Justices. We theorize that Justices are akin to voters in political elections; specifically, we posit that the Justices will view short-term and relatively minor economic downturns—recessions—as attributable to the failures of elected officials, but will consider long-term and extreme economic contractions—depressions—as the result of exogenous shocks largely beyond the control of the government. Accordingly, we predict two patterns of behavior in economic-related cases that come before the Court: (1) in typical times, when the economy cycles ...


The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato 2010 Northwestern University School of Law

The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato

Faculty Working Papers

This essay deals with what "the law" did to Dr. Branion, an American citizen, after the jury convicted him of murder in 1968. Under the American legal system, a defendant is entitled to have his case reviewed by a higher court, and, under certain circumstances, if the appellate review is unsuccessful, to present a petition for habeas corpus to a state or federal court. I will focus primarily on the stage of his litigation with which I am most familiar: his pursuit of a habeas remedy in federal court between 1986 and 1989. I will try to explain how one ...


Aspects Of Deconstruction: The "Easy Case" Of The Under-Aged President, Anthony D'Amato 2010 Northwestern University School of Law

Aspects Of Deconstruction: The "Easy Case" Of The Under-Aged President, Anthony D'Amato

Faculty Working Papers

When the deconstructionist says that all cases are to some degree problematic, the mainstream legal scholar gleefully pulls out a favorite crystal-clear case and asserts "not this one!" Judging from the law review commentary, the most popular of these "easy cases" concerns the constitutional mandate that the President shall be at least thirty-five years of age. Deconstructionists say that all interpretation depends on context. Radical deconstructionists add that, because contexts can change, there can be no such thing as a single interpretation of any text that is absolute and unchanging for all time.

easy case, deconstruction in law, US Constitution ...


Aspects Of Deconstruction: The Failure Of The Word "Bird", Anthony D'Amato 2010 Northwestern University School of Law

Aspects Of Deconstruction: The Failure Of The Word "Bird", Anthony D'Amato

Faculty Working Papers

Lawyers and judges often become impatient with those who dispute what they regard as the clear meaning of words. The meaning of words derives from the contexts in which they are employed, and we can never be certain of the context because we cannot enter into the minds of other persons to see the contexts to which their minds are adverting.


Aspects Of Deconstruction: Refuting Indeterminacy With One Bold Thought, Anthony D'Amato 2010 Northwestern University School of Law

Aspects Of Deconstruction: Refuting Indeterminacy With One Bold Thought, Anthony D'Amato

Faculty Working Papers

Deconstruction has already happened on the Supreme Court. Not only can no member of the Court really believe that "the law" (self-invented by the very Court it is supposed to govern!) can constrain the result in any individual case, but its members have also convinced themselves that they have no time to be concerned with dispensing justice to the parties. The justificatory legal language used in judicial opinions is not what our law teachers told us it was. The justificatory legal language is not provided to explain—much less constrain—the result in the case. Rather, it is a mode ...


Aspects Of Deconstruction: Thought Control In Xanadu, Anthony D'Amato 2010 Northwestern University School of Law

Aspects Of Deconstruction: Thought Control In Xanadu, Anthony D'Amato

Faculty Working Papers

Nearly every case in nearly every legal system is a case where the factfinder—that is, the judge or jury—must decide what was going on in the minds of the litigants. For example, every criminal case turns on mens rea—a guess that the defendant harbored thoughts amounting to criminal intent. Tort cases involve the intention of the defendant, or at least his reckless indifference to risk. Estate cases require the probate court to assess the intent of the testator. Antitrust cases involve the question whether there was an intent to form a combination in restraint of trade. I ...


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