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Now showing items 11-20 of 46
Sentencing and Prior Convictions: The Past, the Future, and the End of the Prior-Conviction Exception to Apprendi
(Marquette Law Review, 2014)
This article traces the fascinating history of early efforts to identify defendants and their prior convictions as well as the evolving use of prior convictions in aggravating punishment; examines how contemporary repeat ...
Shareholder Voting in an Age of Intermediary Capitalism
(Southern California Law Review, 2014)
Shareholder voting is a key part of contemporary American corporate governance. As numerous contemporary battles between corporate management and shareholders illustrate, voting has never been more important. Yet, traditional ...
Delay and Its Benefits for Judicial Rulemaking Under Scientific Uncertainty
(Boston College Law Review, 3/28/2014)
The Supreme Court’s increasing use of science and social science in its decision-making has a rationalizing effect on law that helps ensure that a rule will have its desired effect. But resting doctrine on the shifting ...
Alleyne on the Ground: Factfinding that Limits Eligibility for Probation or Parole Release
(Federal Sentencing Reporter, 2014)
This article addresses the impact of Alleyne v. United States on statutes that restrict an offender’s eligibility for release on parole or probation. Alleyne is the latest of several Supreme Court decisions applying the ...
Credibility and War Powers
(Harvard Law Review, 2014)
In late August 2013, after Syrian civilians were horrifically attacked with sarin gas, President Barack Obama declared his intention to conduct limited airstrikes against the Syrian regime of President Bashar al-Assad. A ...
Contracting Around "Citizens United"
(Columbia Law Review, 2014)
The Supreme Court’s decision in Citizens United v. FEC is widely considered a major roadblock for campaign finance reform, and particularly for limiting third party spending in federal elections. In response to the decision, ...
Empirical Desert and Preventive Justice: A Comment
(New Criminal Law Review, 2014)
This essay is a response to an article by Paul Robinson, Joshua Barton, and Matthew Lister in this issue of New Criminal Law Review that criticizes an article I authored with Lauren Brinkley-Rubinstein entitled Putting ...
Shareholder Voting in an Age of Intermediary Capitalism
(Southern California Law Review, 2014)
Shareholder voting is a key part of contemporary American corporate governance. As numerous contemporary battles between corporate management and shareholders illustrate, voting has never been more important. Yet, traditional ...
Ineffective Assistance of Counsel Before "Powell v. Alabama"
(Iowa Law Review, 2014)
Isabella Nitti-the first woman sentenced to death in Illinois-was national news in her time. Today she is remembered (if at all) as one of the notorious "husband killers" who inspired the Broadway play Chicago. Less
well ...
The Judges of the U.S. Judicial Panel on Multidistrict Litigation
(Judicature, 2014)
The United States Judicial Panel on Multidistrict Litigation (or "MDL Panel") is one of a small number of special federal courts created pursuant to Article III by Congress and staffed by a Chief-Justice-appointed group ...