Law School Scholarly Works: Recent submissions
Now showing items 81-100 of 629
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Beyond Ideology: An Empirical Study of Partisanship and Independence in the Federal Courts
(George Washington University Law School, 2012)This Article identifies and measures dimensions of judicial behavior separate from ideology to improve both the understanding of and vocabulary surrounding debates about judges. In particular, it recognizes both independence ... -
Sex offender Exceptionalism and Preventive Detention (Symposium: Preventive Detention)
(Northwestern University School of Law, 2011)The emerging war on sex offenders, as typical of wartime mentality, has been marked by substantial deviations from established legal doctrine, constitutional protections, and the rule of law. Because of a high level of ... -
Is Military Law Relevant to the 'Evolving Standards of Decency' Embodied in the Eighth Amendment?
(Northwestern University School of Law, 2008)On June 25, 2008, the United States Supreme Court issued an opinion in Kennedy v. Louisiana holding that the application of the death penalty to the crime of aggravated child rape violated the Eighth Amendment of the United ... -
The Incredible Ordinariness of Federal Penalties for Inactivity
(University of Wisconsin Law School, 2012)Those arguing that the insurance mandate in the recent health care reform legislation, the Patient Protection and Affordable Care Act (ACA), is unconstitutional have prominently and repeatedly advanced the claim that the ... -
Judged by the Company You Keep: An Empirical Study of the Ideologies of Judges on the United States Courts of Appeals
(Boston College Law School, 2010)Although there has been an explosion of empirical legal scholarship about the federal judiciary, with a particular focus on judicial ideology, the question remains: how do we know what the ideology of a judge actually is? ... -
The Sex Offender Registration and Notification Act and the Commerce Clause
(University of California Press, in Berkeley, California for the Vera Institute of Justice, 2008)In 2006, the Sex Offender Registration and Notification Act ("SORNA") created a new federal crime of "failure to register" which is punishable by up to ten years imprisonment. Since that time, sex offenders across the ... -
Better Dead than R(ap)ed?: The Patriarchal Rhetoric Driving Capital Rape Statutes
(St. John's University School of Law, 2004)Beginning with the passage of the death penalty for rapists of children in Louisiana in 1995, a series of similar statutes have been proposed and passed in state legislatures across the country. The Louisiana Supreme Court ... -
How Judges Judge
(Northwestern University School of Law, 2011)This Article offers a new approach to understanding judicial behavior which recognizes judicial heterogeneity, behavior along different dimensions, and interconnectedness among judges at different levels within the judiciary. ... -
To Catch a Sex Thief: The Burden of Performance in Rape and Sexual Assault Trials
(Columbia Law School, 2006)Despite decades of efforts to reform American rape law, prosecution and conviction rates remain low compared to similar crimes. While activists led legislatures to adopt important statutory changes for rape and sexual ... -
Flexing Judicial Muscle: An Empirical Study of Judicial Activism in the Federal Courts
(Northwestern University School of Law, 2011)Empirical scholarship about judicial activism has focused on the United States Supreme Court, relied upon subjective coding of individual cases as “activist” or “restrained,” and only examined instances when the federal ... -
One of These Laws is Not Like the Others: Why the Federal Sex Offender Registration and Notification Act Raises New Constitutional Questions
(Harvard Law School, 2009)In 2003, the United States Supreme Court issued its only two opinions regarding the constitutionality of sex offender registration and notification statutes. The two opinions, Smith v. Doe ("Smith") and Connecticut Department ... -
The Emerging Criminal War on Sex Offenders
(Harvard Law School, 2010)This article addresses four central questions. First, what is the difference between normal law enforcement policy and a “war” on crime? Second, assuming such a line can be discerned, has the enactment of the Adam Walsh ... -
Banishment By a Thousand Laws: Residency Restrictions on Sex Offenders
(Washington University in St. Louis School of Law, 2007)Across America, states, localities, and private communities are debating and implementing laws to limit the places of residence of convicted sex offenders. Twenty states and hundreds, if not thousands, of local communities ... -
DNA -- Intimate Information or Trash for Public Consumption?
(Baylor Law School, 2008)This essay discusses the increasingly popular police practice of covertly collecting DNA samples from people who inadvertently leave saliva, hair or other biological matter in public places. The essay contends that although ... -
In Booker's Shadow: Restitution Forces a Second Debate on Honesty in Sentencing
(Indiana University Maurer School of Law, 2006)This article explores the question left unanswered by the Supreme Court's January, 2005, decision in United States v. Booker. Specifically, it looks at whether the Mandatory Victims Restitution Act of 1996 (MVRA), which ... -
Finding a Happy and Ethical Medium between a Prosecutor Who Believes the Defendant Didn't Do it and the Boss that Says that He Did
(Northwestern University School of Law, 2008)In June of 2008, The New York Times reported on a New York prosecutor’s conflict with his supervisors. The disagreement rested on the prosecutor’s belief that the District Attorney’s Office had wrongly convicted two men ... -
Quieting Cognitive Bias with Standards for Witness Communications
(University of California, Hastings College of the Law, 2011)Last year, as part of a project to revise the ABA Criminal Justice Standards for Prosecution and Defense Functions, the ABA Criminal Justice Section initiated round-table discussions with prosecutors, criminal defense ... -
Juror Privacy in the Sixth Amendment Balance
(S.J. Quinney College of Law at the University of Utah, 2012)Some eight million citizens report for jury duty every year. Arguably, jury duty is one of the most significant opportunities to participate in the democratic process. For the accused, the jury acts as an indispensable ... -
Prosecutors 'Doing Justice' Through Osmosis - Reminders to Encourage a Culture of Cooperation
(Case Western Reserve University School of Law, 2008)Scholars have often criticized the government for relying on "cooperating" defendant/witnesses in obtaining convictions of other persons. Such scholars contend that cooperating witnesses are powerfully motivated to parrot ... -
The Return of Reasonableness: Saving the Fourth Amendment from the Supreme Court
(Case Western Reserve University School of Law, 2008)The Supreme Court's Fourth Amendment jurisprudence has been oft criticized. The criticism is not surprising or undeserved. After all, the express language of the Fourth Amendment requires that the government act reasonably ...