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Failing Juvenile Courts And What Lawyers And Judges Can Do About It, Emily Buss

Articles

No abstract provided.

The Signaling Function Of Religious Speech In Domestic Counterterrorism, Aziz Huq

Articles

A wave of attempted domestic terrorism attacks in 2009 and 2010 has sharpened attention to the threat of domestic-source terrorism inspired or directed by al Qaeda. Seeking to preempt that terror, governments face an information problem. They must separate signals of terrorism risk from potentially overwhelming background noise and persuade juries or fact finders that those signals warrant coercive action. Selection of accurate signals of terrorism danger in the information-poor circumstances of domestic counterterrorism is arguably a central challenge today for law enforcement tasked with preventing further terrorist attacks. To an underappreciated extent, governments have used religious speech as a …

Rethinking The Interest-Convergence Thesis, Justin Driver

Articles

No abstract provided.

Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth Frankel

Articles

No abstract provided.

The Political Path Of Detention Policy, Aziz Huq

Articles

No abstract provided.

Regulation For The Sake Of Appearance, Adam M. Samaha

Articles

Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance, sometimes appearance helps drive reality over time, and sometimes appearance and reality collapse from the outset. Finally, sets of normative questions are suggested based on the supposed relationship between appearance and reality for a given situation. …

Executive Power And The Discipline Of History (Reviewing Crisis And Command: The History Of Executive Power From George Washington To George W. Bush By John Yoo), Julian Davis Mortenson

University of Chicago Law Review

No abstract provided.

Joint Intentions To Commit International Crimes, Jens David Ohlin

Chicago Journal of International Law

The following article is an attempt to provide a coherent theory that international tribunals may use to ground the imposition of vicarious liability for collective crimes. Currently, the case law and the literature is focused on a debate between the Joint Criminal Enterprise JCE) doctrine applied by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the co-perpetration doctrine applied by the International Criminal Court (ICC), which defines co-perpetrators as those who have joint control over the collective crime. The latter doctrine, influenced by German criminal law theory, has recently won many converts, both in The Hague and in …

Retribution And The Experience Of Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Articles

No abstract provided.

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Retribution And The Experience Of Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Public Law and Legal Theory Working Papers

No abstract provided.

Risk As A Proxy For Race, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

Some Realism About Punishment Naturalism (With Responses), Donald Braman, Dan M. Kahan, David A. Hoffman, Paul H. Robinson

University of Chicago Law Review

In this Article, we critique the increasingly prominent claims of Punishment Naturalism—the notion that highly nuanced intuitions about most forms of crime and punishment are broadly shared, and that this agreement is best explained by a particular form of evolutionary psychology. While the core claims of Punishment Naturalism are deeply attractive and intuitive, they are contradicted by a broad array of studies and depend on a number of logical missteps. The most obvious shortcoming of Punishment Naturalism is that it ignores empirical research demonstrating deep disagreements over what constitutes a wrongful act and just how wrongful a given act should …

Risk As A Proxy For Race, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Welfare As Happiness, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Articles

No abstract provided.

Randomization And The Fourth Amendment, Tracey L. Meares, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

Questioning The Frequency And Wisdom Of Compulsory Licensing For Pharmaceutical Patents, F. Scott Kieff, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Many advocates for using compulsory licensing ("CL") for pharmaceutical patents in developing countries like Thailand rest their case in part on the purported use of CL in the United States. In this paper we take issue with that proposition on several grounds. As a theoretical matter, we argue that the basic presumption in favor of voluntary licenses for IP should apply in the international arena, in addition to the domestic one. In the international context, voluntary licenses are of special importance because they strengthen the supply chain for distributing pharmaceuticals and ease the government enforcement of safety standards. Next, this …

Randomization And The Fourth Amendment, Tracey L. Meares, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Organizing Competition And Cooperation After American Needle, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Booker Reconsidered, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.

Preventive Adjudication, Samuel L. Bray

University of Chicago Law Review

This Article identifies, justifies, and explains the parameters of a largely ignored but important category of cases—what is here called "preventive adjudication." In this category of cases, courts offer opinions without any "command" to the parties, and these opinions are meant to avoid future harm, not remedy past harm. Despite receiving little attention in the legal literature, preventive adjudication is pervasive throughout the law. It happens in declaratory judgment actions about wills, patents, and unconstitutionally vague statutes; in paternity and maternity petitions; in petitions to have missing persons declared dead; in boundary disputes; in actions to quiet title. This Article …

A Three-Pronged Approach: How The United States Can Use Wto Disclosure Requirements To Curb Intellectual Property Infringement In China, Mark Liang

Chicago Journal of International Law

Counterfeiting and the piracy of consumer goods in China are serious and globally recognized problems. Despite concerns expressed by the US and past efforts, China has been unable to enforce IP rights effectively for decades. As a result, American businesses seeking to sell IP-protected goods in China suffer tens of billions of dollars in losses every year. This Comment aims to determine and assess what measures the US may take to reduce IP infringement in China in the short term. China's weak IP enforcement record is a result of both long-term and short-term causes. Short-term causes (that is, causes that …

Reunifying Privacy Law, Lior Strahilevitz

Public Law and Legal Theory Working Papers

In the years since Samuel Warren and Louis Brandies proposed a unified theory of invasion of privacy tort liability, American information privacy law became increasingly fragmented and decreasingly coherent. William Prosser's 1960 article, Privacy, which heavily influenced the Restatement of Torts, endorsed and hastened this trend toward fragmentation, which spread from tort law to the various statutory branches of information privacy law. This paper argues for the reunification of privacy law in two connected ways. First, Prosser's fragmented privacy tort should be replaced with a unitary tort for invasion of privacy that looks to the private or public nature of …

Easterbrook On Academic Freedom, Aziz Huq

Public Law and Legal Theory Working Papers

No abstract provided.

Legitimacy And Deterrence Effects In Counter-Terrorism Policing: A Study Of Muslim Americans, Tom R. Tyler, Stephen J. Schulhofer, Aziz Huq

Public Law and Legal Theory Working Papers

This study considers the circumstances under which members of the Muslim American community voluntarily cooperate with police efforts to combat terrorism. Cooperation is defined to include both a general receptivity toward helping the police in anti-terror work, and the specific willingness to alert police to terror related risks in a community. Two perspectives on why people cooperate with law enforcement, both developed with reference to general policing, are compared in the context of anti-terror policing and specifically among members of the Muslim American community. The first is instrumental. It suggests that people cooperate because they see tangible benefits that outweigh …

Studying Japanese Law Because It's There, Tom Ginsburg

Public Law and Legal Theory Working Papers

John Haley’s essay offers a number of reasons why the study of Japanese law is as relevant as ever. This reply extends and, in part, challenges Haley’s claims, focusing especially on the relevance of Japanese experience for questions of institutional development and change. The reply also emphasizes non-instrumental rationales for the study of foreign legal systems.

Bill Clinton's Parting Pardon Party, Albert W. Alschuler

Articles

No abstract provided.

Legislatures, Judges, And Parole Boards: The Allocations Of Discretion Under Determinate Sentencing, Dhammika Dharmapala, Nuno Garoupa, Joanna M. Shepherd

Articles

No abstract provided.

Reunifying Privacy Law, Lior Strahilevitz

Articles

In the years since Samuel Warren and Louis Brandeis proposed a unified theory of invasion of privacy tort liability, American information privacy law became increasingly fragmented and decreasingly coherent. William Prosser's 1960 article, Privacy, which heavily influenced the Restatement of Torts, endorsed and hastened this trend toward fragmentation, which spread from tort law to the various statutory branches of information privacy law. This Article argues for the reunification of information privacy law in two connected ways. First, Prosser's fragmented privacy tort should be replaced with a unitary tort for invasion of privacy that looks to the private or public nature …

What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon

Articles

Studying the legal profession poses several challenges. The evolution of law has moved lawyers away from a generalist practice towards increased specialization. This makes it difficult to compare lawyers across different practice areas meaningfully and to provide a comprehensive assessment of the legal profession. Judges are well situated to provide such an evaluation, given their experience and scope of cases. This Article reports the responses of federal and state judges to a survey we conducted in 2008. The questions relate to their perceptions of the quality of legal representation, generally and in criminal and civil cases; how the quality of …