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Silencing Nullification Advocacy Inside the Jury Room and Outside the Courtroom
(University of Chicago Law Review, 1998)
Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification ...
"Batson" for the Bench? Regulating the Peremptory Challenge of Judges
(Chicago-Kent Law Review, 1998)
The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be ...