Category Archives: Articles

The History of the Original United States Sentencing Commission, 1985-1987

An eighteen-month period from the fall of 1985 to the spring of 1987 witnessed the most significant change to the federal criminal justice system in American history. In those eighteen months, the United States Sentencing Commission (“Commission”), a new and … Continue reading

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Foreword: Lessons from Thirty Years Ago

On October 29, 1985, seven members of a newly established federal agency met to do what had never been done before: to create a set of national sentencing policies and practices that would apply to federal criminal cases throughout the … Continue reading

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The Foreign Corrupt Practices Act: Set Aside the Moral and Ethical Debates, How Does One Operate Within this Law?

The recent Fédération de Internationale de Football Association (“FIFA”) bribery scandal has brought the United States’ attention back to ethics in business, and how overseas companies and entities ethically operate. In addition, the FIFA bribery scandal has brought to the … Continue reading

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The Prisonization of America’s Public Schools

Dozens of students stand in the freezing cold waiting to enter their Title I public high school in Washington, D.C. I join the end of the line and wait patiently with the students. After fifteen minutes pass, I finally go … Continue reading

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Distinguished Scholar in Residence Lecture: A User’s Guide to Progressive Federalism

I want to start by thanking the extraordinary faculty of Hofstra Law School for this honor. It’s wonderful to be here, and you have treated me with extraordinary graciousness. Today I’m going to offer you a “user’s guide” to progressive … Continue reading

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Will I Pass The Bar Exam?: Predicting Student Success Using LSAT Scores And Law School Performance

Law schools currently face a difficult climate: fewer applicants with lower incoming credentials are passing the bar exam at decreasing rates. Law schools seek to understand why bar pass rates are dropping, and what can be done to remedy this … Continue reading

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Criminal Minds: The Need To Refine The Application Of The Doctrine Of Objective Chances As A Justification For Introducing Uncharged Misconduct Evidence To Prove Intent

Dean Wigmore once wrote that the hearsay doctrine is the “most characteristic rule of the Anglo-American law of Evidence.” Today, it can be said that the character evidence doctrine is the most characteristic rule of American evidence law. At early … Continue reading

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Forensic Linguistics: Applying The Science Of Linguistics To Issues Of The Law

The well-established science of linguistics analyzes all aspects of human language. Linguistics has many subfields, including the study of language structure, sound patterns, the dynamics of language in interpersonal and intergroup communication, and the interplay of meaning, grammar, and context. … Continue reading

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The Field Of Invention

The balance of power between the administrative state and the federal courts as guardians of the U.S. innovation system is in significant transition. Amid growing dissatisfaction with the expense and opportunity costs of patent litigation and the perceived strategic advantages … Continue reading

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How Can You Defend Those People?

We all are here today because Monroe Freedman (1928–2015) came before us. Like Ellen Yaroshefsky and Abbe Smith, Monroe Freedman was a rare duality—criminal defense lawyer and earthy practitioner in one sphere, while also a distinguished scholar and professor in … Continue reading

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