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Fear of Judging
For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.
The Costs of Judging Judges by the Numbers
This essay discredits current empirical models that are designed to “judge” or rank appellate judges, and then assesses the harms of propagating such models. First, the essay builds on the discussion of empirical models by arguing that (1) the judicial virtues that the legal empiricists set out to measure have little bearing on what actually makes for a good judge; and (2) even if they did, the empiricists' chosen variables have not measured those virtues accurately. The essay then concludes that by generating unreliable claims about the relative quality of judges, these studies mislead both decision-makers and the public, degrade discussions of judging, and could, if taken seriously, detrimentally alter the behavior of judges themselves.
Foreign in a Domestic Sense
In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on t...
The Beloved World of Sonia Sotomayor
A NEW YORK TIMES BESTSELLER! “[Doesn’t shy] away from the hard truths of Sotomayor’s childhood . . .[and] discusses real-world issues like racism, privilege, and affirmative action.” —The Washington Post Discover the inspiring life of Justice Sonia Sotomayor, the first Latina and third woman appointed to the United States Supreme Court, in this middle-grade adaptation of her bestselling adult memoir, My Beloved World. Includes an 8-page photo insert and a brief history of the Supreme Court. Sonia Sotomayor was just a girl when she dared to dream big. Her dream? To become a lawyer and a judge even though she’d never met one of either, and none lived in her neighborhood. Sonia did ...
The Third Branch
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Campus Speech in Crisis
Includes reprint of the Report of the Committee on Freedom of Expression at Yale, published in 1975.
