Kimbrough and Gall: Taking Another “Crack” at Expanding Judicial Discretion Under the Federal Sentencing Guidelines

Friday, April 3, 2009 | Comments Off on Kimbrough and Gall: Taking Another “Crack” at Expanding Judicial Discretion Under the Federal Sentencing Guidelines

This Comment examines the Court’s decisions in Gall and Kimbrough and discusses their ramifications. Part II examines the history of the Guidelines and discusses the jurisprudential evolution leading up to Gall and Kimbrough. Part III sets forth a detailed...

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Higher Law Questions: A Prelude to the Symposium

Thursday, April 2, 2009 | Comments Off on Higher Law Questions: A Prelude to the Symposium

This conference asks us to consider two questions that are unusual for an academic conference in our time. They might have seemed like unusual questions in earlier times as well-but for a different reason: the answers might have seemed...

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Another Jackpot (In)Justice: Verdict Variability and Issue Preclusion in Mass Torts

Thursday, April 2, 2009 | Comments Off on Another Jackpot (In)Justice: Verdict Variability and Issue Preclusion in Mass Torts

What if, in a case involving a single plaintiff, a corporate defendant in a mass tort litigation faces a single jury of six people that finds, in a special interrogatory, that the corporation’s product is defective? That single finding...

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Introduction

Wednesday, April 1, 2009 | Comments Off on Introduction

Symposium introduction by Robert F. Cochran, Jr. This symposium brings together people from the fields of law, history, economics, theology, and philosophy to address whether there is a higher law, whether it matters, and the numerous other questions that...

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The Saucier Qualified Immunity Experiment: An Empirical Analysis

Wednesday, April 1, 2009 | Comments Off on The Saucier Qualified Immunity Experiment: An Empirical Analysis

This paper provides an empirical analysis of the impact of the approach to qualified immunity that the Supreme Court first suggested in Siegert v. Gilley and later made mandatory in Saucier v. Katz. That approach dictates that lower courts...

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Red Lion and Pacifica: Are They Relics?

Tuesday, March 10, 2009 | Comments Off on Red Lion and Pacifica: Are They Relics?

Geoffrey Stone’s fine keynote address offers a superb summary of the lessons of twentieth century First Amendment litigation. Like Stone’s monumental Perilous Times and his Chicago predecessor Harry Kalven’s A Worthy Tradition, Stone is largely celebratory of the Supreme...

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