Search
Now showing items 1-7 of 7
Logic Without Experience: The Problem of Federal Appellate Courts
(Notre Dame Law Review, 2006)
Conventional wisdom holds that federal jurisdiction is contracting and district court discretion is expanding. This Article argues that the conventional wisdom is wrong, and that the true doctrinal trends do not bode well ...
Non-Capital Habeas Cases After Appellate Review: An Empirical Analysis
(Federal Sentencing Reporter, 2012)
n 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% ...
Judicial Federalism in the Trenches: The Rooker-Feldman Doctrine in Action
(Notre Dame Law Review, 1999)
One little-noticed side effect of the litigation explosion in this country is the exponential growth of federal doctrines designed to simplify complex litigation. Many of these doctrines have been created and applied largely ...
Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry
(Duquesne Law Review, 2013)
This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations ...
Suing Courts
(University of Chicago Law Review, 2012)
This Article argues for a new and unexpected mechanism of judicial accountability:
suing courts. Current models of court accountability focus almost entirely on correcting
legal errors. A suit against the court would ...
Appeal Waivers and the Future of Sentencing Policy
(Duke Law Journal, 2005)
This paper is the first empirical analysis of appeal waivers clauses in plea agreements by which defendants waive their rights to appellate and postconviction review. Based on interviews and an analysis of data coded from ...
The Dynamics and Determinants of the Decision to Grant En Banc Review
(Washington Law Review, 1999)
The ability of U.S. Courts of Appeals to control the development of law within their respective circuits has been strained by the practice of divisional sittings, the growing
caseload at the circuit court level, the ...