Volume 60, Issue 4

Where Have All the Innocents Gone?

The DNA revolution has revealed that, contrary to received wisdom, the conviction of an innocent defendant by the vaunted American criminal justice system is far from a freakish event. The…
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The Institutional Design of Punishment

For the past 40 years, policymakers have engaged in a debate over which institution should wield the principal power over punishment. Should courts and parole boards have the dominant role…
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Object as Obligation in Property

In Texaco Inc. v. Short, Justice Stevens quoted: “Property interests, of course, are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules…
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