Criminal Law

Hornby Spring 2019

Can Federal Sentencing Remain Transparent?

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Spring 2019 | Volume 103 Number 1

Criminal trials have virtually disappeared in many federal courtrooms. According to a recent U.S. Sentencing Commission report, “[i]n recent years, 97 percent of federal defendants convicted of a felony or […]

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The Emergence of the American Constitutional Law Tradition

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Spring 2019 | Volume 103 Number 1

My title is “The Emergence of the American Constitutional Law Tradition,” and what I want us to think about today is the process by which American constitutional law came to […]

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Graphic of defendant looking in mirror while being sentenced

Conversations of a Lifetime: The Power of the Sentencing Colloquy and How to Make It Matter

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Summer 2019 | Volume 103 Number 2

In recent years, there has been increased attention on sentencing, and particularly sentencing disparities. The thrust and focus of this attention have been on the statistics of sentencing and reforms, […]

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Forensic Fail

Forensic Fail? As Research Continues to Underscore the Fallibility of Forensic Science, the Judge’s Role as Gatekeeper is More Important than Ever

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Spring 2018 | Volume 102 Number 1

This year marks the 25th anniversary of the supreme court’s decision in Daubert V. Merrell Dow Pharmaceuticals, Inc., which fundamentally reshaped how judges evaluate scientific and expert evidence.1 This volume […]

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