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Victims, "Closure", And The Sociology Of Emotion, Susan A. Bandes

Public Law and Legal Theory Working Papers

The concept of closure, almost unknown two decades ago, has had a meteoric rise. It has been enthusiastically embraced by the legal system not only as a legitimate psychological state, but as one that the criminal justice system ought to help victims and murder survivors to attain. In the death penalty context, the concept of closure has changed the way we talk about the rationale for capital punishment, it has changed the shape of the legal process, and it has even changed what both survivors and jurors in capital cases expect to feel. Yet, as I will illustrate, the term …

Human Welfare, Not Human Rights, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Human rights treaties play an important role in international relations but they lack a foundation in moral philosophy and doubts have been raised about their effectiveness for constraining states. Drawing on ideas from the literature on economic development, this paper argues that international concern should be focused on human welfare rather than on human rights. A focus on welfare has three advantages. First, the proposition that governments should advance the welfare of their populations enjoys broader international and philosophical support than do the various rights that are incorporated in the human rights treaties. Second, the human rights treaties are both …

Making The State Do Justice: Transnational Prosecutions And International Support For Criminal Investigations In Post-Armed Conflict Guatemala, Naomi Roht-Arriaza

Chicago Journal of International Law

This Article will first briefly describe the background of the Guatemalan conflict and the evolution of the transnational cases against the military high command. It will then focus on some of the legal strategy issues involved and on the gains and losses of this transnational networking approach to combating impunity. In particular, it will look at how the multinational legal team, working simultaneously in the Spanish and Guatemalan courts on different aspects of the case, has allowed for learning and training opportunities for the lawyers involved, has forced local courts to engage with international law, and has tried to use …

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

Articles

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review articles of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist …

Privacy Versus Antidiscrimination, Lior Strahilevitz

Articles

No abstract provided.

Plea Bargaining And The Death Penalty, Albert Alschuler

Articles

No abstract provided.

Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz

Articles

No abstract provided.

Studying The Exclusionary Rule: An Empirical Classic, Albert Alschuler

Articles

No abstract provided.

Constitutional Courts In East Asia: Understanding Variation, Tom Ginsburg

Articles

No abstract provided.

Foreword, Law Review Editors

University of Chicago Law Review

No abstract provided.

Privacy, Visibility, Transparency, And Exposure, Julie E. Cohen

University of Chicago Law Review

No abstract provided.

The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes

Coase-Sandor Institute for Law & Economics Research Paper Series

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …

Privacy Versus Antidiscrimination, Lior Jacob Strahilevitz

University of Chicago Law Review

No abstract provided.

After Innocence: Framing Wrongful Convictions, Susan A. Bandes

Public Law and Legal Theory Working Papers

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …

The Heart Has Its Reasons: Examining The Strange Persistence Of The American Death Penalty, Susan A. Bandes

Public Law and Legal Theory Working Papers

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated, and how deeply entrenched they are. In this article I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will have salutary consequences for the clarity of the debate. The focus on emotional variables reveals that the demarcation between instrumental and expressive values is porous; both types of values are informed (or …

The Reconstruction Congress, David P. Currie

University of Chicago Law Review

No abstract provided.

Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Law School Announcements 2007-2008, Law School Announcements Editors

Announcements

• Officers and Faculty
• The Law School - History
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"Second Or Successive" Habeas Petitions And Late-Ripening Claims After Panetti V Quarterman, Kyle P. Reynolds

University of Chicago Law Review

No abstract provided.

The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon

University of Chicago Law Review

No abstract provided.

"Failure To Pay Any Poll Tax Or Other Tax": The Constitutionality Of Tax Felon Disenfranchisement, Sloan G. Speck

University of Chicago Law Review

No abstract provided.

Removing Federal Judges, James E. Pfander

University of Chicago Law Review

No abstract provided.

Standing And The Precautionary Principle, Jonathan Remy Nash

Public Law and Legal Theory Working Papers

In Massachusetts v. EPA, the Supreme Court upheld Massachusetts’ standing to challenge EPA’s refusal to regulate greenhouse gas emissions from mobile sources. The majority and dissent disputed whether the science of global warming was sufficient to establish standing. Absent from both opinions was discussion of whether there would be standing if the science were uncertain but the potential harms large and irreversible. This Essay argues that “precautionary-based standing”—grounded upon a fundamental principle of environmental law, the precautionary principle—should apply in such cases. Precautionary-based standing would not upset existing standing doctrine. First, its application would be limited, and could further be …

A Reader's Companion To 'Against Protection', Bernard E. Harcourt

Public Law and Legal Theory Working Papers

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review articles of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist …

Privacy Versus Antidiscrimination, Lior Strahilevitz

Coase-Sandor Institute for Law & Economics Research Paper Series

This essay argues that there is often an essential conflict between information privacy protections and antidiscrimination principles. Where information privacy law or practical obscurity deprives an employer of pertinent information about a job applicant, the employer often will rely more heavily on distasteful statistical discrimination strategies. For example, the existing empirical evidence suggests that criminal background checks may benefit African American male job applicants as a whole, by permitting employers to sort among ex-cons and those lacking criminal records. In the absence of accurate criminal history information, employers concerned about keeping ex-offenders out of their workplace appear to hire too …

Privacy Versus Antidiscrimination, Lior Strahilevitz

Public Law and Legal Theory Working Papers

This essay argues that there is often an essential conflict between information privacy protections and antidiscrimination principles. Where information privacy law or practical obscurity deprives an employer of pertinent information about a job applicant, the employer often will rely more heavily on distasteful statistical discrimination strategies. For example, the existing empirical evidence suggests that criminal background checks may benefit African American male job applicants as a whole, by permitting employers to sort among ex-cons and those lacking criminal records. In the absence of accurate criminal history information, employers concerned about keeping ex-offenders out of their workplace appear to hire too …

A Reader’S Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir, Bernard E. Harcourt

Coase-Sandor Institute for Law & Economics Research Paper Series

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review essays of Against Prediction by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist and critical race theory to the intricate details …

China's Network Justice, Benjamin Liebman, Tim Wu

Chicago Journal of International Law

The broader goal of this Article is to better understand the relationship between how a legal system functions and how judges communicate, both with each other and with other parties, including the media, the public, and political actors. Information transmission is an important but poorly understood part of any legal system. A precedent system, amid briefs, and the rules on ex parte contacts all serve to regulate how parties in a system communicate and what kind of information "counts." Media and political pressure cannot help but affect a legal system. In the words of Ethan Katsh, "Law is an organism …

Booker's Unnoticed Victim: The Importance Of Providing Notice Prior To Sua Sponte Non-Guidelines Sentences, Ilya Beylin

University of Chicago Law Review

No abstract provided.