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Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner Jan 1993

Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner

Articles

No abstract provided.


Monarch, Lackey, Or Judge?, Albert Alschuler Jan 1993

Monarch, Lackey, Or Judge?, Albert Alschuler

Articles

No abstract provided.


Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein Jan 1993

Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein

Articles

In this Article, the author argues that mandatory, non-binding federal court-annexed arbitration programs will not succeed in increasing access to justice, and may in fact decrease access to justice for poorer litigants, precisely the people the programs were designed to help. After exploring the effects of such programs on parties' litigation decisions and demonstrating that the programs are unlikely to create private or social benefits, the Article explores the attributes of private ADR tribunals that parties find desirable and the many ways, apart from reducing cost and delay, that private ADR agreements create value. The Article concludes that, while the …


Harold Berman's Accomplishment As A Legal Historian, Richard H. Helmholz Jan 1993

Harold Berman's Accomplishment As A Legal Historian, Richard H. Helmholz

Articles

No abstract provided.


Telling The Victim's Story, Mary I. Coombs Jan 1993

Telling The Victim's Story, Mary I. Coombs

Articles

No abstract provided.


Well-Being And The State, Cass R. Sunstein Jan 1993

Well-Being And The State, Cass R. Sunstein

Articles

No abstract provided.


Structuring The Separation Of Powers, Philip B. Kurland Jan 1993

Structuring The Separation Of Powers, Philip B. Kurland

Articles

No abstract provided.


The Anticaste Principle, Cass R. Sunstein Jan 1993

The Anticaste Principle, Cass R. Sunstein

Articles

No abstract provided.


The Uncertain Future Of Sentencing Guidelines, Richard Frase Jan 1993

The Uncertain Future Of Sentencing Guidelines, Richard Frase

Articles

As of the fall of 1993, at least 15 states and the federal government had adopted or were in the process of adopting sentencing guidelines developed by an independent sentencing commission. 1 Minnesota pioneered this approach to sentencing reform in 1978. 2 Its guidelines have now been in effect for more than a decade, and they have been more extensively studied and evaluated than any other system. 3 In addition, many observers believe that the Minne sota Sentencing Guidelines remain one of the better-designed and successful systems of this type. 4 Ironically, the more-recently-enacted Federal Sentencing Guidelines may be the …


The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase Jan 1993

The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase

Articles

Minnesota's experience with sentencing guidelines remains critically important to legislators and sentencing reformers in other jurisdictions. Minnesota adopted the first commission-based presumptive sentencing system in 1980, and its Guidelines 1 have been the focus of exhaustive study. 2 The Minnesota Sentencing Guidelines Commission has routinely collected extensive data on all felony sentences, as well as more detailed data on selected sentencing samples. 3 This rich source of data and commentary, coupled with a considerable appellate caselaw interpreting the Guidelines and over a decade of legislative and Commission-initiated amendments, provides invaluable lessons concerning the processes by which commission-based guidelines are drafted, …


Sentencing Commissions And Their Guidelines, Michael Tonry Jan 1993

Sentencing Commissions And Their Guidelines, Michael Tonry

Articles

Sentencing commissions, administrative agencies charged to develop and promulgate standards for sentencing, were first proposed early in the 1970s and first established in 1978. Of four recent major sentencing reform approaches-the others being parole guidelines, voluntary sentencing guidelines, and statutory determinate sentences-only sentencing commission systems continue to be created. Despite controversies associated with the highly unpopular federal guidelines, commissions and their guidelines have achieved their primary goals. Some commissions have achieved specialized technical competence, have adopted comprehensive policy approaches, and have to a degree insulated policy from short-term political pressures. Guidelines have reduced disparities and gender and sex differences in …


Organizational Crime, Michael Tonry Jan 1993

Organizational Crime, Michael Tonry

Articles

No abstract provided.


The Success Of Judge Frankel's Sentencing Commission, Michael Tonry Jan 1993

The Success Of Judge Frankel's Sentencing Commission, Michael Tonry

Articles

No abstract provided.


Globalization Of Constitutional Law And Civil Rights, David Weissbrodt Jan 1993

Globalization Of Constitutional Law And Civil Rights, David Weissbrodt

Articles

The teaching of U.S. constitutional law is remarkably insular. A quick review of course books reveals few, if any, references to materials from other countries or to relevant international law.1 Constitutional law courses focus almost exclusively on the U.S. constitutional order. The course books appear to consider as unique this country's balance of power between the national government and the states and its approach to bridging the structural tension among executive, legislative, andjudicial branches. One colleague facetiously told me that the only country comparable to the United States is the United Kingdom. Since the U.K. has no written constitution, the …


Criminalizing The American Juvenile Court, Barry C. Feld Jan 1993

Criminalizing The American Juvenile Court, Barry C. Feld

Articles

Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …


Racial Disproportion In Us Prisons, Michael Tonry Jan 1993

Racial Disproportion In Us Prisons, Michael Tonry

Articles

No abstract provided.


Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham Jan 1993

Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham

Articles

No abstract provided.


The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein Jan 1993

The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein

Articles

No abstract provided.


Using Parrots To Kill Mockingbirds: Yet Another Racial Prosecution And Wrongful Conviction In Maycomb Symposium: To Kill A Mockingbird, Bryan K. Fair Jan 1993

Using Parrots To Kill Mockingbirds: Yet Another Racial Prosecution And Wrongful Conviction In Maycomb Symposium: To Kill A Mockingbird, Bryan K. Fair

Articles

No abstract provided.


Rodrigo's Third Chronicle: Care, Competition, And The Redemptive Tragedy Of Race Review Dialogue, Richard Delgado Jan 1993

Rodrigo's Third Chronicle: Care, Competition, And The Redemptive Tragedy Of Race Review Dialogue, Richard Delgado

Articles

No abstract provided.


State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia Jan 1993

State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia

Articles

While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …


Cornerstones Of The Judicial Process, Jerold H. Israel Jan 1993

Cornerstones Of The Judicial Process, Jerold H. Israel

Articles

Under our federated system of government, each state and the federal government have their own criminal justice processes. The federal system must comply with the constitutional prerequisites set forth in the Bill of Rights, and the state systems must comply with those Bill of Rights' provisions made applicable to the states by the Fourteenth Amendment,1 but those constitutional prerequisites allow considerable room for variation from one jurisdiction to another. In many respects, the fifty states and the federal government have used that leeway to produce considerable diversity in their respective criminal justice processes. At the same time, however, one can …


The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross Jan 1993

The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross

Articles

On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …


Scorn, Richard Delgado, Jean Stefancic Jan 1993

Scorn, Richard Delgado, Jean Stefancic

Articles

This article reviews examples of scornful contemptuous belittling or sarcastic language by judges addressing litigants who are poor marginalized or seeking to redress unfamiliar injuries Often courts employ language of this sort when dismissing cases that strike them as offthewall or when imposing Rule 11 sanctions for claims that seem to them frivolous The authors develop a theory to understand and limit sarcasm and satire to situations that genuinely call for them


Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel Jan 1993

Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel

Articles

Starting in 1969,1 we have had the honor and pleasure of co-authoring a goodly number of casebooks, texts, treatises, pocket parts, and annual supplements (more than twenty) with Wayne LaFave.2 On each occasion we have been impressed by the quality of his mind and the judiciousness of his temperament, and impressed as well (and sometimes amazed) by his speed and efficiency.


"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote Jan 1993

"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote

Articles

The capital punishment system and current standards for collateral review of capital sentences appear quite similar in the United States and Japan. On a deeper level, though, the systems are moving in very different directions. Given. the extensive literature on capital punishment and capital habeas in the United States, this article focuses chiefly on Japan, examining the process by which the standards governing postconviction review have been relaxed and the impact of that change. Japan's Supreme Court bears the image of being a highly conservative, passive institution resistant to dramatic .change of any sort. Yet this examination reveals that, in …


Two Cheers For A Tale Of Three Cities, David Yellen Nov 1992

Two Cheers For A Tale Of Three Cities, David Yellen

Articles

No abstract provided.


Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz Jul 1992

Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz

Articles

No abstract provided.


Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld Jul 1992

Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld

Articles

The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.


Imagining A Free Press, Geoffrey R. Stone May 1992

Imagining A Free Press, Geoffrey R. Stone

Articles

No abstract provided.