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The Self-Defeating International Criminal Court, Jack Goldsmith
The Self-Defeating International Criminal Court, Jack Goldsmith
University of Chicago Law Review
No abstract provided.
The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt
The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt
University of Chicago Law Review
No abstract provided.
What's Wrong With Gideon, Tracey L. Meares
What's Wrong With Gideon, Tracey L. Meares
University of Chicago Law Review
No abstract provided.
The Missed Opportunity In Gault, Emily Buss
The Missed Opportunity In Gault, Emily Buss
University of Chicago Law Review
No abstract provided.
The Indigent Defendant's Toolbox: Debating The Addition Of The Battered Woman Syndrome Expert, Laura D. Warren
The Indigent Defendant's Toolbox: Debating The Addition Of The Battered Woman Syndrome Expert, Laura D. Warren
University of Chicago Law Review
No abstract provided.
Words Without Meaning: The Constitution, Confessions, And Mentally Retarded Suspects, Morgan Cloud, George B. Shepherd, Alison Nodvin Barkoff, Justin V. Shur
Words Without Meaning: The Constitution, Confessions, And Mentally Retarded Suspects, Morgan Cloud, George B. Shepherd, Alison Nodvin Barkoff, Justin V. Shur
University of Chicago Law Review
The Supreme Court's Miranda decision rested upon the unverified assumptions that suspects who received the now-famous warnings not only would possess information ensuring that subsequent waivers were "knowing and intelligent," but also would possess the tools necessary to resist the pressures inherent in custodial interrogation, thus ensuring that confessions were "voluntary." The flaws in these assumptions are exposed when they are applied to mentally retarded people. The authors of this Article tested a sample of mentally retarded individuals to determine if they could understand the Miranda warnings, then compared these results to those obtained for a control group of nondisabled …
Bush V Gore: What Were They Thinking?, David A. Strauss
Bush V Gore: What Were They Thinking?, David A. Strauss
University of Chicago Law Review
No abstract provided.
Returning Justice To Its Private Roots (Reviewing To Serve And Protect: Privatization And Community In Criminal Justice By Bruce L. Benson), Andrew P. Morriss
Returning Justice To Its Private Roots (Reviewing To Serve And Protect: Privatization And Community In Criminal Justice By Bruce L. Benson), Andrew P. Morriss
University of Chicago Law Review
No abstract provided.
Making The Criminal Pay In Cash: The Ex Post Facto Implications Of The Mandatory Victims Restitution Act Of 1996, Irene J. Chase
Making The Criminal Pay In Cash: The Ex Post Facto Implications Of The Mandatory Victims Restitution Act Of 1996, Irene J. Chase
University of Chicago Law Review
No abstract provided.
Toward A New Legal Realism (Reviewing Behavioral Law And Economics By Cass R. Sunstein), Daniel A. Farber
Toward A New Legal Realism (Reviewing Behavioral Law And Economics By Cass R. Sunstein), Daniel A. Farber
University of Chicago Law Review
No abstract provided.
Civil Banishment Of Gang Members: Circumventing Criminal Due Process Requirements?, Stephanie Smith
Civil Banishment Of Gang Members: Circumventing Criminal Due Process Requirements?, Stephanie Smith
University of Chicago Law Review
No abstract provided.
Interpreting "Prior Record" Under The Federal Juvenile Delinquency Act, Bradley T. Smith
Interpreting "Prior Record" Under The Federal Juvenile Delinquency Act, Bradley T. Smith
University of Chicago Law Review
No abstract provided.
Gentle Nudges Vs. Hard Shoves: Solving The Sticky Norms Problem, Dan M. Kahan
Gentle Nudges Vs. Hard Shoves: Solving The Sticky Norms Problem, Dan M. Kahan
University of Chicago Law Review
The resistance of law enforcers sometimes confounds the efforts of lawmakers to change social norms. Thus, as legislators expand liability for date rape, domestic violence, and drunk driving, police become less likely to arrest, prosecutors to charge, jurors to convict, and judges to sentence severely. The conspicuous resistance of these decisionmakers in turn reinforces the norms that lawmakers intended to change. Can this "sticky norms" pathology be effectively treated? It can be, this Article argues, if lawmakers apply "gentle nudges" rather than "hard shoves." When the law embodies a relatively mild degree of condemnation, the desire of most decisionmakers to …
The Dark Side Of Private Ordering: An Institutional And Empirical Analysis Of Organized Crime, Curtis J. Milhaupt, Mark D. West
The Dark Side Of Private Ordering: An Institutional And Empirical Analysis Of Organized Crime, Curtis J. Milhaupt, Mark D. West
University of Chicago Law Review
This Article provides theoretical and empirical support for the claim that organized crime competes with the state to provide property rights enforcement and protection services. Drawing on extensive data from Japan, this Article shows that, like firms in regulated environments everywhere, the structure and activities of organized criminal firms are significantly shaped by state-supplied institutions. Careful observation reveals that in Japan, the activities of organized criminal firms closely track inefficiencies in formal legal structures, including both inefficient substantive laws and a state-induced shortage of legal professionals and other rights-enforcement agents. Thus, organized crime in Japan--and, by extension, in other countries …
Framing Frivolous Litigation: A Psychological Theory, Chris Guthrie
Framing Frivolous Litigation: A Psychological Theory, Chris Guthrie
University of Chicago Law Review
This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous litigation induces risk-seeking behavior in plaintiffs and risk-averse behavior in defendants. Because plaintiffs in frivolous litigation have a greater tolerance for risk than the defendants they have sued, plaintiffs in frivolous litigation have "psychological leverage" in settlement negotiations, which is likely to lead to plaintiff-friendly settlements or bargaining impasse. This, in turn, suggests that reformers concerned about frivolous litigation should target reform efforts at plaintiffs' decisionmaking in frivolous suits.
An Analysis Of Rule 11 Plea Bargain Options, Shayna M. Sigman
An Analysis Of Rule 11 Plea Bargain Options, Shayna M. Sigman
University of Chicago Law Review
No abstract provided.
Civil Settlement During Rape Prosecutions, William H. J. Hubbard
Civil Settlement During Rape Prosecutions, William H. J. Hubbard
University of Chicago Law Review
No abstract provided.
The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of "Proceeds", Anup Malani
The Scope Of Criminal Forfeiture Under Rico: The Appropriate Definition Of "Proceeds", Anup Malani
University of Chicago Law Review
No abstract provided.
Interpretation, Empiricism, And The Closure Problem, Adrian Vermeule
Interpretation, Empiricism, And The Closure Problem, Adrian Vermeule
University of Chicago Law Review
No abstract provided.
Cloistered Cleric Of The Law (Reviewing Cardozo By Andrew L. Kaufman), Clyde Spillenger
Cloistered Cleric Of The Law (Reviewing Cardozo By Andrew L. Kaufman), Clyde Spillenger
University of Chicago Law Review
No abstract provided.
Invocations As Evidence: Admitting Nonparty Witness Invocations Of The Privilege Against Self-Incrimination, Aaron Van Oort
Invocations As Evidence: Admitting Nonparty Witness Invocations Of The Privilege Against Self-Incrimination, Aaron Van Oort
University of Chicago Law Review
No abstract provided.
Should Courts Consider 18 Usc Section 3501 Sua Sponte?, Eric D. Miller
Should Courts Consider 18 Usc Section 3501 Sua Sponte?, Eric D. Miller
University of Chicago Law Review
No abstract provided.
Silencing Nullification Advocacy Inside The Jury Room And Outside The Courtroom, Nancy J. King
Silencing Nullification Advocacy Inside The Jury Room And Outside The Courtroom, Nancy J. King
University of Chicago Law Review
No abstract provided.
Policing For Profit: The Drug War's Hidden Economic Agenda, Eric Blumenson, Eva Nilsen
Policing For Profit: The Drug War's Hidden Economic Agenda, Eric Blumenson, Eva Nilsen
University of Chicago Law Review
No abstract provided.
Fulfilling The Promise Of Batson: Protecting Jurors From The Use Of Race-Based Peremptory Challenges By Defense Counsel, Audrey M. Fried
Fulfilling The Promise Of Batson: Protecting Jurors From The Use Of Race-Based Peremptory Challenges By Defense Counsel, Audrey M. Fried
University of Chicago Law Review
No abstract provided.
"Possessing With Intent To Distribute" Under The Schoolyard Statute, Sonja R. West
"Possessing With Intent To Distribute" Under The Schoolyard Statute, Sonja R. West
University of Chicago Law Review
No abstract provided.
Dirty Harry And The Real Constitution (Reviewing The Constitution And Criminal Procedure: First Principles By Akhil Reed Amar), Michael Stokes Paulsen
Dirty Harry And The Real Constitution (Reviewing The Constitution And Criminal Procedure: First Principles By Akhil Reed Amar), Michael Stokes Paulsen
University of Chicago Law Review
No abstract provided.
Prearrest Silence As Evidence Of Guilt: What You Don't Say Shouldn't Be Used Against You, Jane Elinor Notz
Prearrest Silence As Evidence Of Guilt: What You Don't Say Shouldn't Be Used Against You, Jane Elinor Notz
University of Chicago Law Review
No abstract provided.
Adjusting A Criminal Defendant's Sentence After A Successful Collateral Attack, Sanford I. Weisburst
Adjusting A Criminal Defendant's Sentence After A Successful Collateral Attack, Sanford I. Weisburst
University of Chicago Law Review
No abstract provided.
Peremptory Challenges Should Be Abolished: A Trial Judge's Perspective, Morris B. Hoffman
Peremptory Challenges Should Be Abolished: A Trial Judge's Perspective, Morris B. Hoffman
University of Chicago Law Review
No abstract provided.