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Full-Text Articles in Arts and Humanities

Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas Jun 2004

Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas

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Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …


Pleas' Progress, Stephanos Bibas May 2004

Pleas' Progress, Stephanos Bibas

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No abstract provided.


Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton Jan 2004

Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

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No abstract provided.


The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas Jan 2004

The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas

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No abstract provided.


Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach Jan 2004

Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach

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No abstract provided.


Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank Jan 2004

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

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No abstract provided.


Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle Jan 2004

Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle

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No abstract provided.


The Conceptual Jurisprudence Of The German Constitution, William Ewald Jan 2004

The Conceptual Jurisprudence Of The German Constitution, William Ewald

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No abstract provided.


"The Shame Of It All": Stigma And The Political Disenfranchisement Of Formerly Convicted And Incarcerated Persons, Regina Austin Jan 2004

"The Shame Of It All": Stigma And The Political Disenfranchisement Of Formerly Convicted And Incarcerated Persons, Regina Austin

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No abstract provided.


Human Rights And National Security: The Strategic Correlation, William W. Burke-White Jan 2004

Human Rights And National Security: The Strategic Correlation, William W. Burke-White

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No abstract provided.


Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick Jan 2004

Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick

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No abstract provided.


Racial Dimensions Of Credit And Bankruptcy, David A. Skeel Jr. Jan 2004

Racial Dimensions Of Credit And Bankruptcy, David A. Skeel Jr.

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No abstract provided.


The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts Jan 2004

The Social And Moral Cost Of Mass Incarceration In African American Communities, Dorothy E. Roberts

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No abstract provided.


The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis Jan 2004

The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis

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In April 2001, the Standing Committee of the Ninth National People's Congress (NPC), China's highest legislative body, passed the long-debated and much awaited amendments to the Marriage Law on the closing day of its twenty-first session. As stated by one PRC commentator, "In the 50 years since the founding of the New China, there has not been any law that has caused such a widespread concern for ordinary people."'

Even though the recent revisions to the marriage laws have been hailed as some of the most significant and positive changes in family law in China, thus far no empirical evaluation …