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Unbundling Criminal Trial Rights, John Rappaport
Unbundling Criminal Trial Rights, John Rappaport
University of Chicago Law Review
No abstract provided.
The American Death Penalty And The (In)Visibility Of Race, Carol S. Steiker, Jordan M. Steiker
The American Death Penalty And The (In)Visibility Of Race, Carol S. Steiker, Jordan M. Steiker
University of Chicago Law Review
No abstract provided.
Habeas And The Roberts Court, Aziz Z. Huq
Habeas And The Roberts Court, Aziz Z. Huq
University of Chicago Law Review
Postconviction habeas comprises about 7 percent of federal district courts' dockets and between 8 and 20 percent of Supreme Court certiorari work. Scholars of all stripes condemn habeas as an empty "charade" lacking "coherent form." They consequently urge root-and-branch transformation. Resisting that consensus, this Article first advances a descriptive hypothesis: The Roberts Court's habeas jurisprudence is more internally coherent than generally believed—even if its internal logic has to date escaped substantial scholarly scrutiny. That jurisprudence is an instrument for sorting at the front end of litigation between cases warranting either less or more judicial attention. This account suggests that the …
Francis Lieber And The Modern Law Of War (Reviewing Lincoln's Code: The Laws Of War In American History By John Fabian Witt), Paul Finkelman
Francis Lieber And The Modern Law Of War (Reviewing Lincoln's Code: The Laws Of War In American History By John Fabian Witt), Paul Finkelman
University of Chicago Law Review
No abstract provided.
Outsourcing Criminal Deportees, Eleanor Marie Lawrence Brown
Outsourcing Criminal Deportees, Eleanor Marie Lawrence Brown
University of Chicago Law Review
No abstract provided.
Policing Immigration, Adam B. Cox, Thomas J. Miles
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
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
The Institutional Structure Of Immigration Law, Eric A. Posner
University of Chicago Law Review
No abstract provided.
Taming The Hydra: Prosecutorial Discretion Under The Acceptance Of Responsibility Provision Of The Us Sentencing Guidelines, Alexa Chu Clinton
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.
Jury Nullification In Modified Comparative Negligence Regimes, Eli K. Best, John J. Donohue Iii
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.
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
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.
Religion, Schools, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk
Religion, Schools, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk
University of Chicago Law Review
No abstract provided.
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein
University of Chicago Law Review
No abstract provided.
The Past, Present, And Future Of Equal Educational Opportunity: A Call For A New Theory Of Education Federalism (Reviewing Five Miles Away, A World Apart: One City, Two Schools, And The Story Of Educational Opportunity In Modern America By James E. Ryan), Kimberly Jenkins Robinson
University of Chicago Law Review
No abstract provided.
Making Courts Matter: Politics And The Implementation Of State Supreme Court Decisions, Christopher Berry, Charles Wysong
Making Courts Matter: Politics And The Implementation Of State Supreme Court Decisions, Christopher Berry, Charles Wysong
University of Chicago Law Review
No abstract provided.
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
University of Chicago Law Review
No abstract provided.
Reconstruction And The Transformation Of Jury Nullification, Jonathan Bressler
Reconstruction And The Transformation Of Jury Nullification, Jonathan Bressler
University of Chicago Law Review
More than a century ago, the Supreme Court, invoking antebellum judicial precedent, held that juries no longer have the right to "nullify" — that is, to refuse to apply the law as given by the court. Today, however, in assessing the constitutionally protected right to criminal jury trial, the Supreme Court has emphasized originalism, delineating the right's current boundaries by the Founding-era understanding of it. Relying on this Supreme Court jurisprudence, scholars and several federal judges have recently concluded that because Founding-era juries had the right to nullify, the right was beyond the authority of nineteenth-century judges to curtail and …
Lessons From The Past: How The Antebellum Fugitive Slave Debate Informs State Enforcement Of Federal Immigration Law, James A. Kraehenbuehl
Lessons From The Past: How The Antebellum Fugitive Slave Debate Informs State Enforcement Of Federal Immigration Law, James A. Kraehenbuehl
University of Chicago Law Review
No abstract provided.
Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares
Randomization And The Fourth Amendment, Bernard E. Harcourt, Tracey L. Meares
University of Chicago Law Review
Randomized checkpoint searches are generally taken to be the exact antithesis of reasonableness under the Fourth Amendment. In the eyes of most jurists, checkpoint searches violate the central requirement of valid Fourth Amendment searches—namely, individualized suspicion. We disagree. In this Article, we contend that randomized searches should serve as the very lodestar of a reasonable search. The notion of "individualized" suspicion is misleading; most suspicion in the modern policing context is group based and not individual specific. Randomized searches by definition are accompanied by a certain level of suspicion. The constitutional issue, we maintain, should not turn on the question …
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
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.
Some Realism About Punishment Naturalism (With Responses), Donald Braman, Dan M. Kahan, David A. Hoffman, Paul H. Robinson
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 …
Preventive Adjudication, Samuel L. Bray
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 …
Fast-Track Sentencing Disparity: Rereading Congressional Intent To Resolve The Circuit Split, Thomas E. Gorman
Fast-Track Sentencing Disparity: Rereading Congressional Intent To Resolve The Circuit Split, Thomas E. Gorman
University of Chicago Law Review
No abstract provided.
Retributivism Refined—Or Run Amok? (Reviewing Crime And Culpability: A Theory Of Criminal Law By Larry Alexander, Kimberly Kessler Ferzan, Stephen Morse), Kenneth W. Simons
Retributivism Refined—Or Run Amok? (Reviewing Crime And Culpability: A Theory Of Criminal Law By Larry Alexander, Kimberly Kessler Ferzan, Stephen Morse), Kenneth W. Simons
University of Chicago Law Review
No abstract provided.
Debacle: How The Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended, Frank O. Bowman Iii
Debacle: How The Supreme Court Has Mangled American Sentencing Law And How It Might Yet Be Mended, Frank O. Bowman Iii
University of Chicago Law Review
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with McMillan v Pennsylvania in 1986, crescendoed in Blakely v Washington and United States v Booker in 2004-2005, and continues in cases such as Oregon v Ice, is a colossal judicial failure. First, the Court has failed to provide a logically coherent, constitutionally based answer to the fundamental question of what limits the Constitution places on the roles played by the institutional actors in the criminal justice system. It has failed to recognize that defining, adjudicating, and punishing crimes implicates both the Sixth Amendment …
Gone, But Not Forgotten? Habeas Corpus For Necessary Predicate Offenses, Garrett Ordower
Gone, But Not Forgotten? Habeas Corpus For Necessary Predicate Offenses, Garrett Ordower
University of Chicago Law Review
No abstract provided.
Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur
University of Chicago Law Review
This Article continues our project of applying new findings in the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. When a state decides how to punish criminal offenders, at least one important consideration is the amount of harm any given punishment is likely to inflict. It would be undesirable, for example, to impose greater harm on those who commit less serious crimes or to impose harm that rises to the level of cruelty. Our penal system fits punishments to crimes primarily by adjusting the size of monetary fines and the length of prison …
The Modernizing Mission Of Judicial Review, David A. Strauss
The Modernizing Mission Of Judicial Review, David A. Strauss
University of Chicago Law Review
Constitutional interpretation, as it is usually conceived, looks to the past—to an old text, to history, to precedent, to tradition—in an effort to limit political majorities. But over the last generation or so, a different approach to the Constitution has emerged. That approach, which might be called modernization, tries to anticipate trends in public opinion instead of taking lessons from the past; and a modernizing court, instead of facing down popular majorities, yields when it finds out that it has misgauged public opinion. This modernizing approach has characterized the Supreme Court's recent work in many disparate areas, including, among others, …
Rethinking The Connection Between Developmental Science And Juvenile Justice (Reviewing Rethinking Juvenile Justice By Elizabeth S. Scott, Laurence Steinberg), Emily Buss
University of Chicago Law Review
No abstract provided.
Studying The Exclusionary Rule: An Empirical Classic, Albert W. Alschuler
Studying The Exclusionary Rule: An Empirical Classic, Albert W. Alschuler
University of Chicago Law Review
No abstract provided.