Part of the Criminal Procedure Commons

Works in Criminal Procedure

2023

No Need for Speed: The Inherent Unreasonableness of High-Speed Police Chases and a New Approach to Excessive Force Litigation, Hayley Bork
Brooklyn Law Review

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2022

Defense Counsel's Cross Purposes: Prior Conviction Impeachment of Prosecution Witnesses, Anna Roberts
Faculty Scholarship

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Slaying the Serpents: Why Alternative Intervention Is Necessary to Protect Those in Mental Health Crisis from the State-Created Danger “Snake Pit”, Kathleen Giunta
Journal of Law and Policy

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Consider Collateral Consequences: The Inherent Hypocrisy of Veterans Treatment Courts’ Failure to Dismiss Criminal Charges, Julia W. Williams
Journal of Law and Policy

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What Are Victim Impact Statements For?, Susan A. Bandes
Brooklyn Law Review

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Giving Meaning to the Apostrophe in Victim[’]s Rights, Margaret Garvin
Brooklyn Law Review

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Parole, Victim Impact Evidence, and Race, Alexis Karteron
Brooklyn Law Review

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Defense Counsel’s Cross Purposes: Prior Conviction Impeachment of Prosecution Witnesses, Anna Roberts
Brooklyn Law Review

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Protecting the Constitution While Protecting Victims: Challenges to Pro Se Cross-Examination, Katharine L. Manning
Brooklyn Law Review

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FOREWORD: The Role of the “Victim” in the Criminal Legal System, Kate Mogulescu
Brooklyn Law Review

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The Color of Justice, Alexis Hoag
Faculty Scholarship

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Read Thyself, Alice Ristroph
Faculty Scholarship

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2021

Black Deaths Matter: the Race-of-Victim Effect and Capital Punishment, Daniel S. Medwed
Brooklyn Law Review

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Digital Privacy Rights and CLOUD Act Agreements, Tim Cochrane
Brooklyn Journal of International Law

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Mental Illness in the Criminal Justice System: Erasing the Stigma On a Global Scale, Jennifer Rabbino
Brooklyn Journal of International Law

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Autonomous Weapons Systems and the Procedural Accounta- bility Gap, Afonso Seixas-Nunes
Brooklyn Journal of International Law

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Victims, Right?, Anna Roberts
Faculty Scholarship

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Police Reform through a Power Lens, Jocelyn Simonson
Faculty Scholarship

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2020

The Curriculum of the Carceral State, Alice Ristroph
Faculty Scholarship

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Prosecuting Misconduct: New York’s Creation of a Watchdog Commission, Danielle Robinson
Brooklyn Law Review

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Convictions as Guilt, Anna Roberts
Faculty Scholarship

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2019

An Intellectual History of Mass Incarceration, Alice Ristroph
Faculty Scholarship

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Give Me Liberty or Give Me . . . Alternatives?: Ending Cash Bail and Its Impact on Pretrial Incarceration, Muhammad B. Sardar
Brooklyn Law Review

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Introducing Disruptive Technology to Criminal Sanctions: Punishment by Computer Monitoring to Enhance Sentencing Fairness and Efficiency, Mirko Bagaric, Dan Hunter
Brooklyn Law Review

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Reducing Recidivism or Misclassifying Offenders?: How Implementing Risk and Needs Assessment in the Federal Prison System Will Perpetuate Racial Bias, Rachel DiBenedetto
Journal of Law and Policy

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When Death Becomes an Option: How AEDPA’s Opt-In Provisions Will Violate the Constitutional Rights of Habeas Corpus Petitioners, Alexander Brock
Journal of Law and Policy

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The Place of the People in Criminal Procedure, Jocelyn Simonson
Faculty Scholarship

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LEAD Us Not into Temptation: A Response to Barbara Fedders's Opioid Policing, Anna Roberts
Faculty Scholarship

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Arrests as Guilt, Anna Roberts
Faculty Scholarship

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The (Im)Partial Jury: A Trial Consultant’s Role in the Venire Process, Stephanie M. Coughlan
Brooklyn Law Review

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2018

Farewell to the Felonry, Alice Ristroph
Faculty Scholarship

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Throwing out Junk Science: How a New Rule of Evidence Could Protect a Criminal Defendant's Right to Confront Forensic Scientists, Michael Luongo
Journal of Law and Policy

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The (not-so) “Brave New World of International Criminal Enforcement”: The Intricacies of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review

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ESSAY: Injustice in Black and White: Eliminating Prosecutors’ Peremptory Strikes in Interracial Death Penalty Cases, Daniel Hatoum
Brooklyn Law Review

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A Nation of Informants: Reining In Post-9/11 Coercion of Intelligence Informants, Diala Shamas
Brooklyn Law Review

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Narrowing the LeGrand Test in New York State: A Necessary Limit on Judicial Discretion, Katherine I. Higginbotham
Brooklyn Law Review

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Techno-Policing, I. Bennett Capers
Faculty Scholarship

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Criminal Procedure and the Good Citizen, I. Bennett Capers
Faculty Scholarship

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Criminal Procedure, the Police, and The Wire as Dissent, I. Bennett Capers
Faculty Scholarship

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2017

The Constitution of Police Violence, Alice Ristroph
Faculty Scholarship

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Race, Policing, and Technology, Bennett Capers
Faculty Scholarship

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Bail Nullification, Jocelyn Simonson
Faculty Scholarship

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Dismissals as Justice, Anna Roberts
Faculty Scholarship

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Democratizing Criminal Justice through Contestation and Resistance, Jocelyn Simonson
Faculty Scholarship

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Who Let the Dogs Out—and While We’re at It, Who Said They Could Sniff Me?: How the Unregulated Street Sniff Threatens Pedestrians’ Privacy Rights, Jacey Lara Gottlieb
Brooklyn Law Review

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“Lucky” Adnan Syed: Comprehensive Changes to Improve Criminal Defense Lawyering and Better Protect Defendants’ Sixth Amendment Rights, Meredith J. Duncan
Brooklyn Law Review

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Finally, a True Elements Test: Mathis v. United States and the Categorical Approach, Rebecca Sharpless
Brooklyn Law Review

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Pricing Justice: the Wasteful Enterprise of America's Bail System, Liana M. Goff
Brooklyn Law Review

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2016

Conviction by Prior Impeachment, Anna Roberts
Faculty Scholarship

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The Choice is (Not) Yours: Why the SEC Must Further Amend Its Rules of Practice to Increase Fairness in Administrative Proceedings, Madeline Ilibassi
Brooklyn Journal of Corporate, Financial & Commercial Law

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Beyond Body Cameras: Defending a Robust Right to Record the Police, Jocelyn Simonson
Faculty Scholarship

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Reclaiming the Importance of the Defendant's Testimony: Prior Conviction Impeachment and the Fight against Implicit Stereotyping, Anna Roberts
Faculty Scholarship

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Copwatching, Jocelyn Simonson
Faculty Scholarship

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The Prosecutor's Turn, Bennett Capers
Faculty Scholarship

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Some Skepticism About Criminal Discovery Empiricism, Miriam H. Baer
Faculty Scholarship

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The Bumpiness of Criminal Law, Adam Kolber
Faculty Scholarship

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Patents Absent Adversaries, Sarah R. Wasserman Rajec
Brooklyn Law Review

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How Much Punishment Is Enough?: Embracing Uncertainty in Modern Sentencing Reform, Jalila Jefferson-Bullock
Journal of Law and Policy

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Shock Incarceration and Parole: A Process Without Process, Adam Yefet
Brooklyn Law Review

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Waive Goodbye to Appellate Review of Plea Bargaining: Specific Performance of Appellate Waiver Provisions Should Be Limited to Extraordinary Circumstances, Holly P. Pratesi
Brooklyn Law Review

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A Domestic Consequence of the Government Spying on Its Citizens: The Guilty Go Free, Mystica M. Alexander, William P. Wiggins
Brooklyn Law Review

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Trying to Fit a Square Peg Into a Round Hole: Why Title II of the Americans With Disabilities Act Must Apply To All Law Enforcement Services, Michael Pecorini
Journal of Law and Policy

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Policing in the Era of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook III
Brooklyn Law Review

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2015

Regulation or Resistance: A Counter-Narrative of Constitutional Criminal Procedure, Alice Ristroph
Faculty Scholarship

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Asymmetry as Fairness: Reversing a Peremptory Trend, Anna Roberts
Faculty Scholarship

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Timing Brady, Miriam H. Baer
Faculty Scholarship

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From Commitment to Compliance: Enforceability of Remedial Orders of African Human Rights Bodies, Roger-Claude Liwanga
Brooklyn Journal of International Law

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2014

Smooth and Bumpy Laws, Adam Kolber
Faculty Scholarship

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The Criminal Court Audience in a Post-Trial World, Jocelyn Simonson
Faculty Scholarship

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Impeachment by Unreliable Conviction, Anna Roberts
Faculty Scholarship

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2013

Casual Ostracism: Jury Exclusion on the Basis of Criminal Convictions, Anna Roberts
Faculty Scholarship

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Real Women, Real Rape, Bennett Capers
Faculty Scholarship

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2012

Disparately Seeking Jurors: Disparate Impact and the (Mis)Use of Batson, Anna Roberts
Faculty Scholarship

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(Re)Forming the Jury: Detection and Disinfection of Implicit Juror Bias, Anna Roberts
Faculty Scholarship

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Blind Justice, Bennett Capers
Faculty Scholarship

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2011

Covenants for the Sword, Alice Ristroph
Faculty Scholarship

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Changes to the Culture of Adversarialness: Endorsing Candor, Cooperation and Civility in Relationships between Prosecutors and Defense Counsel, Stacy Caplow, Lisa Griffin
Faculty Scholarship

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Home Is Where The Crime Is, Bennett Capers
Faculty Scholarship

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Real Rape, Too, Bennett Capers
Faculty Scholarship

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Cooperation's Cost, Miriam H. Baer
Faculty Scholarship

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Statutory Interpretation, Morality, and the Text, Lawrence Solan
Faculty Scholarship

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2010

The Unintentional Rapist, Bennett Capers
Faculty Scholarship

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Thinking Like a Public Interest Lawyer: Theory, Practice, and Pedagogy, Jocelyn Simonson
Faculty Scholarship

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2009

The Comparative Nature of Punishment, Adam Kolber
Faculty Scholarship

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How (Not) to Think Like a Punisher, Alice Ristroph
Faculty Scholarship

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Attempt by Omission, Michael T. Cahill
Faculty Scholarship

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Policing, Place, and Race, Bennett Capers
Faculty Scholarship

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The Subjective Experience of Punishment, Adam Kolber
Faculty Scholarship

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How to Improve Empirical Desert, Adam Kolber
Faculty Scholarship

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2008

Crime, Legitimacy, and Testilying, Bennett Capers
Faculty Scholarship

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Cross Dressing and the Criminal, Bennett Capers
Faculty Scholarship

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2007

Criminal Law's "Mediating Rules": Balancing, Harmonization, or Accident?, Michael T. Cahill
Faculty Scholarship

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Pain Detection and the Privacy of Subjective Experience, Adam Kolber
Faculty Scholarship

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2006

Desert, Democracy, and Sentencing Reform, Alice Ristroph
Faculty Scholarship

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Ambiguity Aversion and the Criminal Process, Alex Stein, Uzi Segal
Faculty Scholarship

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The Trial of Bigger Thomas: Race, Gender, and Trespass, Bennett Capers
Faculty Scholarship

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On Justitia, Race, Gender, and Blindness, Bennett Capers
Faculty Scholarship

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2005

Proportionality as a Principle of Limited Government, Alice Ristroph
Faculty Scholarship

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Punishment Decisions at Conviction: Recognizing the Jury as Fault-Finder, Michael T. Cahill
Faculty Scholarship

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The Accelerating Degradation of American Criminal Codes, Michael T. Cahill, Paul H. Robinson
Faculty Scholarship

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Co-Teaching International Criminal Law: New Strategies to Meet the Challenges of a New Course, Stacy Caplow, Maryellen Fullerton
Faculty Scholarship

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2003

The Gatekeeping Role in Civil Litigation and the Abdication of Legal Values in Favor of Scientific Values, Neil B. Cohen
Faculty Scholarship

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2002

Applying Apprendi to the Federal Sentencing Guidelines: You Say You Want a Revolution?, Susan Herman
Faculty Scholarship

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The Impossible Dream Come True: A Criminal Law Professor Becomes Juror #7, Stacy Caplow
Faculty Scholarship

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2001

Convicting the Innocent Beyond a Reasonable Doubt: Some Lessons About Jury Instructions from the Sheppard Case, Lawrence Solan
Faculty Scholarship

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The Jury in the 21st Century: An Interdisciplinary Conference: Introduction, Susan Herman, Lawerence M. Solan
Faculty Scholarship

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2000

Measuring Culpability by Measuring Drugs? Three Reasons to Re-evaluate the Rockefeller Drug Laws, Susan Herman
Faculty Scholarship

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1999

Refocusing the Burden of Proof in Criminal Cases: Some Doubt About Reasonable Doubt, Lawrence Solan
Faculty Scholarship

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1998

What If There is No Client?: Prosecutors as "Counselors" of Crime Victims, Stacy Caplow
Faculty Scholarship

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Slashing and Burning Prisoners' Rights: Congress and the Supreme Court in Dialogue, Susan Herman
Faculty Scholarship

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1996

Resistance to Equality, Elizabeth M. Schneider
Faculty Scholarship

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Introduction: The Promise of the Violence Against Women Act of 1994, Elizabeth M. Schneider
Faculty Scholarship

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1995

Feminism and the False Dichotomy of Victimization and Agency, Elizabeth M. Schneider
Faculty Scholarship

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Epilogue: Making Reconceptualization of Violence Against Women Real, Elizabeth M. Schneider
Faculty Scholarship

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1994

Law, Culture, and Harassment, Anita Bernstein
Faculty Scholarship

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1993

Symposium on Securities Law Enforcement Priorities, Roberta S. Karmel
Faculty Scholarship

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1992

Violence Against Women and Legal Education: An Essay for Mary Joe Frug, Elizabeth M. Schneider
Faculty Scholarship

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The Tail that Wagged the Dog: Bifurcated Factfinding Under the Federal Sentencing Guidelines and the Limits of Due Process, Susan Herman
Faculty Scholarship

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Procedural Due Process in Guidelines Sentencing, Susan Herman
Faculty Scholarship

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Thelma and Louise and Bonnie and Jean: Images of Women as Criminals, Susan Herman
Faculty Scholarship

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1985

The Reluctant Witness for the Prosecution: Grand Jury Subpoenas to Defense Counsel, Stacy Caplow
Faculty Scholarship

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Executive Targeting of Congressmen as a Violation of the Arrest Clause, Anita Bernstein
Faculty Scholarship

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1976

Pro Se Litigation -- Litigating Without Counsel: Faretta or For Worst, Susan Herman, Ira P. Robbins
Faculty Scholarship

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