Part of the Criminal Law Commons

Works in Criminal Law

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

ICE Transfers and the Detention Archipelago, Sabrina Balgamwalla
Journal of Law and Policy

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WHAT COUNTS AS ‘RACIST ENOUGH?’: A CLEARER STANDARD FOR NEW TRIALS WHEN JURORS DEMONSTRATE RACIAL BIAS, Priyadarshini Das
Journal of Law and Policy

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A Civil Shame: The Failure to Protect Due Process in Discretionary Immigration Bond Hearings, Stacy L. Brustin
Brooklyn Law Review

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The Role of the "Victim" in the Criminal Legal System, Kate Mogulescu
Faculty Scholarship

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The Victim/Offender Overlap and Criminal System Reform, Cynthia Godsoe
Faculty Scholarship

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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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United States v. Donziger: How the Mere Appearance of Judicial Impropriety Harms Us All, Jackie Kushner
Journal of Law and Policy

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The Victim/Offender Overlap and Criminal System Reform, Cynthia Godsoe
Brooklyn Law Review

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Rotten Social Background and Mass Incarceration: Who Is a Victim?, Steven Zeidman
Brooklyn Law Review

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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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Blame the Victim: How Mistreatment by the State Is Used to Legitimize Police Violence, Tamara Rice Lave
Brooklyn Law Review

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Should Victims’ Views Influence Prosecutors’ Decisions?, Bruce A. Green, Brandon P. Ruben
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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Keeping Guns in the Hands of Abusive Partners: Prosecutorial and Judicial Subversion of Federal Firearms Laws, Bonnie Carlson
Brooklyn Law Review

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The Place of the Prosecutor in Abolitionist Praxis, Cynthia Godsoe
Faculty Scholarship

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Read Thyself, Alice Ristroph
Faculty Scholarship

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Released, but Not Free: The Unexonerated, Heidi Gilchrist
Faculty Scholarship

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2021

Civil Asset Forfeitures: How Prosecutors Can Facilitate Community-Based Criminal Justice Reform, Lane Waples
Journal of Law and Policy

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

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Venezuelan Prisons' Human Rights Violations and Suggested Reforms Based on the Success of Norway's Restorative Justice-Focused Approach to Incarceration, Nadiya Singh
Brooklyn Journal of International Law

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Prosecuting the Phone Scammer When Extradition Fails and Concurrent Jurisdiction Exists, Michelle Lepkofker
Brooklyn Journal of International Law

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

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High Time for a Change: How the Relationship Between Signatory Countries and the United Nations Conventions Governing Narcotic Drugs Must Adapt to Foster a Global Shift in Cannabis Law, Alexander Clementi
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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Hong Kong’s Extradition Bill: Implications & Ramifications, Grace Wang
Brooklyn Journal of International Law

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Gulf of Guinea and Maritime (In)Security: Musings on Some Implications of Applicable Legal Instruments, Edwin E. Egede
Brooklyn Journal of International Law

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Victims, Right?, Anna Roberts
Faculty Scholarship

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Abolition as the Solution: Redress for Victims of Excessive Police Force, Alexis Hoag
Faculty Scholarship

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Police Reform through a Power Lens, Jocelyn Simonson
Faculty Scholarship

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2020

Decriminalizing Prostitution: Embracing the Swedish Model by Removing the Mistake-Of-Age Defense from New York’s Stop Violence in the Sex Trade Act, Carley Cooke
Journal of Law and Policy

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Functional Statehood in Contemporary International Law, William Thomas Worster
Brooklyn Journal of International Law

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The Curriculum of the Carceral State, Alice Ristroph
Faculty Scholarship

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Criminalizing Match-Fixing as America Legalized Sports Gambling, Jodi Balsam
Faculty Scholarship

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A TAXONOMY OF CRYPTOCURRENCY ENFORCEMENT ACTIONS, Peter J. Henning
Brooklyn Journal of Corporate, Financial & Commercial Law

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THE CRIMINAL, REGULATORY, AND CIVIL ISSUES SURROUNDING INTELLECTUAL PROPERTY AND CYBERSECURITY, Ernest Edward Badway, Christie McGuinness
Brooklyn Journal of Corporate, Financial & Commercial Law

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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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Multi-Jurisdictional Anti-Corruption Enforcement: Time for a Global Approach, Sharon Oded
Journal of Law and Policy

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Valuing Black Lives: A Case for Ending the Death Penalty, Alexis Hoag
Faculty Scholarship

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#MeToo and the Myth of the Juvenile Sex Offender, Cynthia Godsoe
Faculty Scholarship

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What Is Remembered, Alice Ristroph
Faculty Scholarship

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The Invisible Prison: Pathways and Prevention, Marsha Garrison, Margaret F. Brinig
Faculty Scholarship

Multilayered Criminal (F)Laws, Michael T. Cahill
Faculty Scholarship

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Three Conceptions of Corporate Crime (and One Avenue for Reform), Miriam H. Baer
Faculty Scholarship

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2019

Where Are You, Congress?: Silence Rings in Congress as Juvenile Offenders Remain in Prison for Life, Megan R. Pollastro
Brooklyn Law Review

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Coming to Terms with Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Brooklyn Journal of International Law

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23andEveryone: Privacy Concerns with Law Enforcement’s Use of Genealogy Databases to Implicate Relatives in Criminal Investigations, Shanni Davidowitz
Brooklyn Law Review

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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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Assuring Financial Stability for Survivors of Domestic Violence: A Judicial Remedy for Coerced Debt in New York’s Family Courts, Megan E. Adams
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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Thoughts on Zaibert's Rethinking, Michael Cahill
Faculty Scholarship

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A Safe Harbor in the Opioid Crisis: How The Federal Government Should Allow States to Legislate for Safe Injection Facilities in Light of the Opioid Public Health Emergency, Amber A. Leary
Brooklyn Law Review

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The Problem of the Terror Non-State: Rescuing International Law from ISIS and Boko Haram, Darin E.W. Johnson
Brooklyn Law Review

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2018

Sorting Out White-Collar Crime, Miriam Baer
Faculty Scholarship

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From Discretion to Law: Rights-Based Concerns and the Evolution of International Sanctions, Christopher Roberts
Brooklyn Journal of International Law

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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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Prisoner-to-Public Communication, Demetria D. Frank
Brooklyn Law Review

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All the President's Privileges, Ann M. Murphy
Journal of Law and Policy

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Lies, Deceit, and Bullshit in Law, Lawrence Solan
Faculty Scholarship

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The Context of Violence: The Lautenberg Amendment & Interpretive Issues in the Gun Control Act, Rachel B. Polan
Brooklyn Law Review

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The Chilling Effect: The Politics of Charging Rape Complainants with False Reporting, Lisa Avalos
Brooklyn Law Review

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TALENT CAN'T BE ALLOCATED: A LABOR ECONOMICS JUSTIFICATION FOR NO-POACHING AGREEMENT CRIMINALITY IN ANTITRUST REGULATION, Rochella T. Davis
Brooklyn Journal of Corporate, Financial & Commercial Law

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Pull and Push'- Implementing the Complementarity Principle of the Rome Statute of the ICC within the AU: Opportunities and Challenges, Sascha Dominik Dov Bachmann, Eda Luke Nwibo
Brooklyn Journal of International Law

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Looking Out for the Little Guy: Protecting Child Informants and Witnesses, Sarah Glasser
Journal of Law and Policy

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Participatory Defense: Humanizing the Accused and Ceding Control to the Client, Cynthia Godsoe
Faculty Scholarship

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Getting There: On Strategies for Implementing Criminal Justice Reform, Susan Herman
Faculty Scholarship

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Techno-Policing, I. Bennett Capers
Faculty Scholarship

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The Thin Blue Line from Crime to Punishment, Alice Ristroph
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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Public Requitals: Corrective, Retributive, and Distributive Justice, Bailey Kuklin
Faculty Scholarship

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2017

Private Prisons and the Need for Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Brooklyn Journal of Corporate, Financial & Commercial Law

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The Constitution of Police Violence, Alice Ristroph
Faculty Scholarship

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Too Vast to Succeed, Miriam Baer
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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Insider Trading's Legality Problem, Miriam Baer
Faculty Scholarship

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Redrawing the Boundaries of Relational Crime, Cynthia Godsoe
Faculty Scholarship

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Rape, Truth, and Hearsay, Bennett Capers
Faculty Scholarship

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The Conundrum of Voluntary Intoxication and Sex, Michal Buchhandler-Raphael
Brooklyn Law Review

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Wiping the Slate… Dirty: The Inadequacies of Expungement as a Solution to the Collateral Consequences of Federal Convictions, Alexia Lindley Faraguna
Brooklyn Law Review

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The Community Politics of Domestic Violence, Deborah M. Weissman
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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Pricing Justice: the Wasteful Enterprise of America's Bail System, Liana M. Goff
Brooklyn Law Review

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From Systemic Risk to Financial Scandals: The Shortcomings of U.S. Hedge Fund Regulation, Marco Bodellini
Brooklyn Journal of Corporate, Financial & Commercial Law

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2016

Conviction by Prior Impeachment, Anna Roberts
Faculty Scholarship

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Attempt, Merger, and Transferred Intent, Nancy Ehrenreich
Brooklyn Law Review

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The Question Concerning Technology in Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law

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Potholes: DUI Law in the Budding Marijuana Industry, Zack G. Goldberg
Brooklyn Law Review

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No Drop Prosecution & Domestic Violence: Screening for Cooperation in the City that Never Speaks, Allessandra DeCarlo
Journal of Law and Policy

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Penal Welfare and the New Human Trafficking Intervention Courts, Kate Mogulescu, Aya Gruber, Amy J. Cohen
Faculty Scholarship

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

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Constitutional Retroactivity in Criminal Procedure, Alex Stein, Dov Fox
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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Belief States in Criminal Law, James Macleod
Faculty Scholarship

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On ‘Violence Against Women’, I. Bennett Capers
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 Under-Policed, I. Bennett Capers
Faculty Scholarship

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The Bumpiness of Criminal Law, Adam Kolber
Faculty Scholarship

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"Outsmarting" Death by Putting Capital Punishment on Life Support: The Need for Uniform State Evaulations of the Intellectually Disabled in the Wake of Hall v. Florida, Taylor B. Dougherty
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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Switch Hitters: How League Involvement in Daily Fantasy Sports Could End the Prohibition of Sports Gambling, Jordan Meddy
Brooklyn Journal of Corporate, Financial & Commercial Law

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Another Bite at the Apple for Trade Secret Protection: Why Stronger Federal Laws Are Needed to Protect a Corporation's Most Valuable Property, Alissa Cardillo
Brooklyn Journal of Corporate, Financial & Commercial Law

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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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Free Kick: FIFA’s Unintended Role in Illuminating Jurisdictional Gaps of International Criminal Courts, Travis L. Marmara
Brooklyn Journal of International Law

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Should I Stay or Should I Go?: Why Bolivian Tactics and U.S. "Flexibility" Undermine the Single Convention on Narcotic Drugs, Robert C. Zitt
Brooklyn Journal of International Law

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Making the Time Fit the Crime: Clearly Defining Online Harassment Crimes and Providing Incentives for Investigating Online Threats in the Digital Age, A. Meena Seralathan
Brooklyn Journal of International Law

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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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“Chi S’Aiuta, Dio L’Aiuta”: Balancing Italy’s Right to Utilize Assisted Reproductive Technologies with the Teachings of the Catholic Church, Erin A. McMullan
Brooklyn Journal of International Law

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2015

Dualism and Doctrine, Alex Stein, Dov Fox
Faculty Scholarship

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Unsophisticated Sentencing, Miriam Baer
Faculty Scholarship

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Punishment as Protection, Cynthia Godsoe
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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Catalogs, Alex Stein, Gideon Parchomovsky
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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The Right to No: The Crime of Marital Rape, Women's Human Rights, and International Law, Melanie Randall, Vasanthi Venkatesh
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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Will There Be a Neurolaw Revolution?, Adam Kolber
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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Intuition versus Algorithm: The Case of Forensic Authorship Attribution, Lawrence Solan
Faculty Scholarship

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2012

The Relational Contingency of Rights, Alex Stein, Gideon Parchomovsky
Faculty Scholarship

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The Public Defender as anti-Trafficking Advocate, an Unlikely Role: How Current New York City Arrest and Prosecution Policies Systematically Criminalize Victims of Sex Trafficking, Kate Mogulescu
Faculty Scholarship

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

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Unintentional Punishment, Adam J. Kolber
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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Enron, DOMA, and Spousal Privileges: Rethinking the Marriage Plot, Bennett Capers
Faculty Scholarship

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Blind Justice, Bennett Capers
Faculty Scholarship

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Defining Inchoate Crime: An Incomplete Attempt, Michael T. Cahill
Faculty Scholarship

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Politics and Punishment: Reactions to Markel's Political Retributivism, Michael T. Cahill
Faculty Scholarship

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Politics and Punishment: Reactions to Markel's Political Retributivism, Michael T. Cahill
Faculty Scholarship

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2011

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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The Experiential Future of the Law, Adam Kolber
Faculty Scholarship

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Criminal Law in the Shadow of Violence, Alice Ristroph
Faculty Scholarship

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

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2010

Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels
Faculty Scholarship

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Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory, Michael T. Cahill, Paul H. Robinson, Daniel M. Bartels
Faculty Scholarship

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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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Organizational Liability and the Tension between Corporate and Criminal Law, Miriam H. Baer
Faculty Scholarship

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2009

The Comparative Nature of Punishment, Adam Kolber
Faculty Scholarship

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Attempt by Omission, Michael T. Cahill
Faculty Scholarship

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Attempt by Omission, Michael T. Cahill
Faculty Scholarship

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Respect and Resistance in Punishment Theory, Alice Ristroph
Faculty Scholarship

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Evaluating the Consequences of Calibrated Sentencing: A Response to Professor Kolber, Miriam Baer
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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Federal Criminal Litigation in 20/20 Vision, Susan Herman
Faculty Scholarship

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The Gaelic Goetz: A Case of Self-Defense in Ireland, Stacy Caplow
Faculty Scholarship

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Grading Arson, Michael T. Cahill
Faculty Scholarship

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2008

Linkage and the Deterrence of Corporate Fraud, Miriam Baer
Faculty Scholarship

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State Intentions and the Law of Punishment, Alice Ristroph
Faculty Scholarship

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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

A Limited Defense of Clinical Placebo Deception, Adam Kolber
Faculty Scholarship

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

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Mediating Rules in Criminal Law, Alex Stein, Richard A. Bierschbach
Faculty Scholarship

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Attempt, Reckless Homicide, and the Design of Criminal Law, Michael T. Cahill
Faculty Scholarship

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Retributive Justice in the Real World, 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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Criminal Law's Mediating Rules: Balancing, Harmonization, or Accident, Michael T. Cahill
Faculty Scholarship

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2006

Therapeutic Forgetting: The Legal and Ethical Implications of Memory Dampening, Adam Kolber
Faculty Scholarship

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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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2005

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

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Introduction: Three Perspectives on Criminal Justice, Michael T. Cahill
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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Private Language, Public Laws: The Central Role of Legislative Intent in Statutory Interpretation, Lawrence Solan
Faculty Scholarship

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Collapsing Spheres: Joint Terrorism Task Forces, Federalism, and the War on Terror, Susan Herman
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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2004

Offense Grading and Multiple Liability: New Challenges for a Model Penal Code Second, Michael T. Cahill
Faculty Scholarship

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Trager Symposium: Our New Federalism? National Authority and Local Autonomy in the War on Terror: Introduction, Susan Herman
Faculty Scholarship

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2003

Can a Model Penal Code Second Save the States from Themselves?, Michael T. Cahill, Paul H. Robinson
Faculty Scholarship

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Jurors as Statutory Interpreters, Lawrence Solan
Faculty Scholarship

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Statutory Inflation and Institutional Choice, Lawrence Solan
Faculty Scholarship

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2002

The Linguist on the Witness Stand: Forensic Linguistics in American Courts, Lawrence Solan, Peter Tiersma
Faculty Scholarship

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

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Splitting the Atom of Marshall's Wisdom, 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

The Jury in the Twenty-First Century: An Interdisciplinary Conference--Introduction, Susan Herman, Lawrence Solan
Faculty Scholarship

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Why Laws Work Pretty Well, But Not Great: Words and Rules in Legal Intrepretation, Lawrence Solan
Faculty Scholarship

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

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Causation, Contribution and Legal Liability: An Empirical Study, Lawrence Solan, John Darley
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

The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, Alex Stein, Daniel J. Seidmann
Faculty Scholarship

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

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The Five Worst (and Five Best) American Criminal Codes, Michael Cahill, Paul H. Robinson, Usman Mohammad
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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Can the Legal System Use Experts on Meaning?, Lawrence Solan
Faculty Scholarship

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1998

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

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The Ban on Welfare for Felony Drug Offenders: Giving a New Meaning to 'Life Sentence', Cynthia Godsoe
Faculty Scholarship

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Law, Language and Lenity, Lawrence Solan
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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1997

Learning Our Limits: The Decline of Textualism in Statutory Cases, Lawrence Solan
Faculty Scholarship

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1996

Resistance to Equality, Elizabeth M. Schneider
Faculty Scholarship

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Better Living Through Crime and Tort, Anita Bernstein
Faculty Scholarship

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Images of Law School and Law Teaching in An Imperfect Spy, Stacy Caplow, Spencer W. Waller
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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Judicial Decisions and Linguistic Analysis: Is There a Linguist in the Court?, Lawrence Solan
Faculty Scholarship

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Reconstructing the Bill of Rights: A Reply to Amar and Marcus's Triple Play on Double Jeopardy, Susan Herman
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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Double Jeopardy All Over Again: Dual Sovereignty, Rodney King, and the ACLU, Susan Herman
Faculty Scholarship

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1993

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

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Why the Court Loves Batson: Representation-Reinforcement, Colorblindness, and the Jury, Susan Herman
Faculty Scholarship

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1992

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

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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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1989

Beyond Parity: Section 1983 and the State Courts, 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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The Insanity Defense in Fact and Fiction: A Review Essay of Norval Morris's Madness and the Criminal Law, Susan Herman
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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1983

Institutional Litigation in the Post-Chapman World, Susan Herman
Faculty Scholarship

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1978

Representation of Women Who Defend Themselves in Response to Physical or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas
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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