Digital Commons Network^™

Policing Immigration, Thomas J. Miles, Adam B. Cox

Articles

No abstract provided.

The Institutional Structure Of Immigration Law, Eric A. Posner

Articles

No abstract provided.

Outsourcing Criminal Deportees, Eleanor Marie Lawrence Brown

University of Chicago Law Review

No abstract provided.

Policing Immigration, Adam B. Cox, Thomas J. Miles

University of Chicago Law Review

No abstract provided.

Immigration Detention: Information Gaps And Institutional Barriers To Reform, Alina Das

University of Chicago Law Review

No abstract provided.

The Institutional Structure Of Immigration Law, Eric A. Posner

University of Chicago Law Review

No abstract provided.

Evidentiary Privileges In International Arbitration, Tom Ginsburg, Richard M. Mosk

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Free At Last? Judicial Discretion And Racial Disparities In Federal Sentencing, Crystal S. Yang

Coase-Sandor Institute for Law & Economics Research Paper Series

The Federal Sentencing Guidelines were created to reduce unwarranted sentencing disparities among similar defendants. This paper explores the impact of increased judicial discretion on racial disparities in sentencing after the Guidelines were struck down in United States v. Booker (2005). Using data on the universe of federal defendants, I find that black defendants are sentenced to almost two months more in prison compared to their white counterparts after Booker, a 4% increase in average sentence length. To identify the sources of racial disparities, I construct a dataset linking judges to over 400,000 defendants. Exploiting the random assignment of cases to …

Lafler And Frye: Two Small Band-Aids For A Festering Wound, Albert W. Alschuler

Public Law and Legal Theory Working Papers

No abstract provided.

Policing Immigration, Thomas J. Miles, Adam B. Cox

Public Law and Legal Theory Working Papers

No abstract provided.

Foreign Affairs Federalism: A Revisionist Approach, Daniel Abebe, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.

Beccaria's 'On Crimes And Punishments': A Mirror On The History Of The Foundations Of Modern Criminal Law, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

Women In Prison In Argentina: Causes, Conditions, And Consequences, Sital Kalantry

Public Law and Legal Theory Working Papers

No abstract provided.

Beccaria's 'On Crimes And Punishments': A Mirror On The History Of The Foundations Of Modern Criminal Law, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Do Exclusionary Rules Convict The Innocent?, Dhammika Dharmapala, Nuno Garoupa, Richard H. Mcadams

Coase-Sandor Institute for Law & Economics Research Paper Series

Rules excluding various kinds of evidence from criminal trials play a prominent role in criminal procedure, and have generated considerable controversy. In this paper, we address the general topic of excluding factually relevant evidence, that is, the kind of evidence that would rationally influence the jury's verdict if it were admitted. We do not offer a comprehensive analysis of these exclusionary rules, but add to the existing literature by identifying a new domain for economic analysis, focusing on how juries respond to the existence of such a rule. We show that the impact of exclusionary rules on the likelihood of …

Law School Announcements 2012-2013, Law School Announcements Editors

Announcements

• Officers and Faculty
• The Law School - History
• Programs of Instruction
• Curriculum
• Student Activities and Organization
• Funds and Endowments

Taming The Hydra: Prosecutorial Discretion Under The Acceptance Of Responsibility Provision Of The Us Sentencing Guidelines, Alexa Chu Clinton

University of Chicago Law Review

No abstract provided.

The Institutional Structure Of Immigration Law, Eric A. Posner

Public Law and Legal Theory Working Papers

Immigration law scholars should give more attention to the institutional structure of immigration law and, in particular, the way that the government addresses problems of asymmetric information in the course of screening potential migrants and attempting to control their behavior once they arrive. Economic models of optimal contracting provide a useful starting point for analyzing this problem. This approach is applied to several current debates in immigration scholarship, including controversies over “crimmigration” and courts’ refusal to extend labor and employment rights to undocumented aliens.

The Institutional Structure Of Immigration Law, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Immigration law scholars should give more attention to the institutional structure of immigration law and, in particular, the way that the government addresses problems of asymmetric information in the course of screening potential migrants and attempting to control their behavior once they arrive. Economic models of optimal contracting provide a useful starting point for analyzing this problem. This approach is applied to several current debates in immigration scholarship, including controversies over "crimmigration" and courts' refusal to extend labor and employment rights to undocumented aliens.

Jury Nullification In Modified Comparative Negligence Regimes, Eli K. Best, John J. Donohue Iii

University of Chicago Law Review

This Article analyzes jury findings from nearly one thousand negligence suits to determine whether juries in modified comparative negligence jurisdictions apportion percentages of negligence differently than juries in pure comparative negligence jurisdictions. We find that juries in modified comparative negligence jurisdictions are substantially less likely to find that a plaintiff was more than 50 percent negligent. This evidence of jury manipulation strengthens the case for pure comparative negligence, which we argue is already superior on theoretical and policy grounds.

Toward A Situational Model For Regulating International Crimes, Andrew K. Woods

Chicago Journal of International Law

The international criminal regime, as currently conceived, relies almost exclusively on the power of backward-looking criminal sanctions to deter future international crimes. This model reflects the dominant mid-century approach to crime control, which was essentially reactive. Since then, domestic criminal scholars and practitioners have developed and implemented new theories of crime control-theories notable for their promise of crime prevention through ex ante attention to community and environmental factors. Community policing crime prevention through environmental design, and related "situational" approaches to crime control have had a significant impact on the administration of domestic criminal law. This Article evaluates the implications of …

Punitive Preventive Justice: A Critique, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

Punitive Preventive Justice: A Critique, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Forum Choice For Terrorism Suspects, Aziz Huq

Articles

What forum should be used to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the president as to whether the status of terrorism suspects should be determined via Article III courts or military commissions have revived the debate about this venue question. The problem is typically framed as a matter of legal doctrine, with statutory and doctrinal rules invoked as dispositive guides for sorting suspects into either civilian or military venues. This Article takes issue with the utility of that framing of the problem. It argues that the forum question can more profitably …

On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth …

Combating Contamination In Confession Cases (Reviewing Convicting The Innocent: Where Criminal Prosecutions Go Wrong By Brandon L. Garrett), Laura H. Nirider, Joshua A. Tepfer, Steven A. Drizin

University of Chicago Law Review

No abstract provided.

Law School Record, Vol. 58, No. 2 (Spring 2012), Law School Record Editors

Law School Record

• A Tradition of Leadership: Law School Alumni in Public Service
• Pathway to Public Service: Fellowships as Gateways to Lifelong Careers
• Law Students Serve the Public, Further Their Careers Through Clinical Education
• A New Role for Juvenile Courts?
• Justice Scalia Comes Home to the Law School

Forum Choice For Terrorism Suspects, Aziz Huq

Public Law and Legal Theory Working Papers

What forum should be used to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the president as to whether the status of terrorism suspects should be determined via Article III courts or military commissions have revived the debate about this venue question. The problem is typically framed as a matter of legal doctrine, with statutory and doctrinal rules invoked as dispositive guides for sorting suspects into either civilian or military venues. This Article takes issue with the utility of that framing of the problem. It argues that the forum question can more profitably …

On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth …

Response And Colloquy Concerning The Papers By Jack Balkin And David Strauss, David A. Strauss

Articles

No abstract provided.