Does Actual Innocence Matter? A Proposed Statistical Analysis of Appellate Outcomes
The criminal justice system's most fundamental promise is that the innocent will not be punished. Yet we know from decades...
Law and Courts
Bringing Statistical Rigor to Appellate Standards: A Framework for Judicial Clarity
The American appellate system faces a persistent problem that undermines the rule of law: the widespread confusion over which standards...
Do Appellate Courts Actually Correct Errors?
The conventional wisdom about appellate courts is straightforward: they exist to correct errors made by trial courts. This textbook description...
Justice Scalia’s Strategic Voting in Arizona v. Fulminante
Understanding how Supreme Court justices make decisions has long fascinated political scientists. While many analyses focus on the attitudinal model—the...
The State of Camera Access to America’s Courtrooms
The American public's relationship with its judicial system has been shaped by dramatic moments of televised justice: the O.J. Simpson...
Do Judges and Juries See Cases Differently? Rethinking the Severity Gap
A well-documented finding in legal research is that judges tend to render more severe verdicts than juries do when deciding...
Cases that Illustrate Felony-Murder Rule
Teaching a class on judicial process and politics, I located some interesting cases to illustrate the felony-murder rule. I think...
Requiring that States Pay Jurors at Least Minimum Wage for Serving on Juries
Jury service is a cornerstone of the American justice system, yet jurors in many states receive woefully inadequate compensation for...
A Critical Analysis of the Militia Perspective on the Right to Bear Arms in the Second Amendment
I'd like to see an essay critically analyzing the militia perspective on the right to bear arms in the Second...
Exploring the Influence of Dueling Norms on the Right to Bear Arms in Early America
The norms, customs, and rules surrounding dueling in early American history offer a unique perspective on the historical understanding of...