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Same Old, Same Old: Scientific Evidence Past and Present
(Michigan Law Review, 2006)
For over twenty years, and particularly since the Supreme Court's Daubert' decision in 1993, much ink has been spilled debating the problem of scientific evidence in the courts. Are jurors or, in the alternative, judges ...
Structural Laws and the Puzzle of Regulating Behavior
(Northwestern University Law Review, 2006)
This Article offers a new way of thinking about over criminalization. It argues that in regulating behavior, legislatures have relied excessively on statutory prohibitions and ex post enforcement by police and prosecutors. ...
Should Judges Do Independent Research on Scientific Issues?
Judges are deeply divided about the issue of independent research, which goes to the heart of their roles and responsibilities in the legal system. To many judges, doing independent research when confronted with new and ...