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Criminal Law and its Processes: Cases and Materials, Eleventh Edition

Sanford H. Kadish (late), Stephen Schulhofer, Rachel E. Barkow

$209.00

  • ISBN: 9781543857122

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  • Description

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  • Additional Product Details

    Publication Date: 2/9/2022
    Copyright: 2022
    Pages: 1440
    ISBNs:
    Connected eBook with Study Center + Print Book: 9781543810776
    Connected eBook with Study Center: 9781543857122
    eBook: 9781543851977

    Detailed Table of Contents Download (PDF)

  • Author Information

    Sanford Kadish

    Sanford Kadish joined the Boalt faculty in 1964 and served as dean from 1975 to 1982. Previously, he taught at the University of Utah and the University of Michigan and also practiced with a New York firm.
    Kadish has been a Guggenheim Fellow and visiting professor at Harvard, Columbia, Oxford, Cambridge, Kyoto-Doshisha University, the Freiburg Institute for Criminal Law, and the University of Melbourne. He has been president of both the American Association of University Professors and the Association of American Law Schools, as well as vice president of the American Academy of Arts and Sciences. He has received honorary degrees from the City University of New York and Cologne University.
    Kadish was editor-in-chief of the Encyclopedia of Crime and Justice and his books include Discretion to Disobey; Criminal Law and Its Processes; and Blame and Punishment: Essays in Criminal Law. Recent publications include ''Fifty Years of Criminal Law: An Opinionated Review,'' in the California Law Review (1999).
    In 1991 Kadish was awarded the Berkeley Citation. In 1999 he received the ABA's Annual Research Award and was elected to the Executive Council of the American Academy of Arts and Sciences, Western Division.

    Rachel Barkow

    Rachel Barkow is the Segal Family Professor of Regulatory Law and Policy and the Faculty Director of the Center on the Administration of Criminal Law at NYU. Her scholarship focuses on criminal law, and she is especially interested in applying the lessons and theory of administrative and constitutional law to the administration of criminal justice. She has written more than 20 articles that span a range of topics. She has written several articles on sentencing, including the relationship between modern sentencing laws and the constitutional role of the criminal jury; federalism and the politics of sentencing; the role of cost-benefit and risk tradeoff analysis in sentencing policy; what institutional model works for designing agencies that regulate criminal punishment; the political factors that lead to guideline and commission formation; and the flawed bifurcation between capital and noncapital constitutional sentencing jurisprudence. Professor Barkow has also explored in numerous articles the role of prosecutors in the criminal justice system. For example, she has analyzed how the lessons of institutional design from administrative law could improve the way prosecutors' offices are structured; she has looked to organizational guidelines and compliance programs as a model for prosecutorial oversight; and she has considered the increasing role of prosecutors as regulators through the conditions they place on corporations. Professor Barkow has also explored larger structural questions of how criminal justice is administered in the United States. In a series of major articles, she has explored the relationship between separation of powers and the criminal law and the relationship between federalism and the criminal law. Professor Barkow has also considered the role of mercy and clemency in criminal justice, paying particular attention to the relationship between administrative law's dominance and the increasing reluctance of scholars and experts to accept pockets of unreviewable discretion in criminal law.
    After graduating from Northwestern University (B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annually to two students with the top overall grade averages in the first-year class. Barkow served as a law clerk to Judge Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin Scalia on the U.S. Supreme Court. Barkow was an associate at Kellogg, Huber, Hansen, Todd & Evans in Washington, D.C., from 1998-2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. She took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.

    Stephen Schulhofer

    Previously the Julius Kreeger Professor of Law and Director for Studies in Criminal Justice at the University of Chicago Law School, Stephen Schulhofer is one of the nation's most distinguished scholars of criminal justice. He has written more than fifty scholarly articles and six books, including the leading casebook in the field and highly regarded, widely cited work on a wide range of criminal justice topics. Schulhofer's most recent book, The Enemy Within: Intelligence Gathering, Law Enforcement and Civil Liberties in the Wake of September 11, written for The Century Foundation's Project on Homeland Security, has attracted wise attention as a careful and balanced critique of domestic measures being implemented as part of the "war on terrorism."
    Schulhofer began his scholarly career researching and writing about punishment and sentencing and produced articles for the Pennsylvania Law Review that illustrated his ability to integrate a thorough understanding of legal issues with both empirical and philosophical literatures. In the 1980s, Schulhofer focused on his own empirical study of bench trials in Philadelphia to prove that criminal justice could be efficiently and fairly administered without resort to plea bargaining, and published his analyses in the Harvard Law Review. Then he turned his attention to the proposals for sentencing guideline reform and to the controversy surrounding the Miranda rules for police interrogation. In the mid-90s Schulhofer returned to police interrogation, conducting several empirical studies of the impact of Miranda on confession rates, and at the same time began his ground breaking work on sexual abuse and other feminist concerns in the administration of criminal justice.
    Formerly, Schulhofer was the Ferdinand Wakefield Hubbell Professor of Law at the University of Pennsylvania. He completed his B.A. at Princeton and his J.D. at Harvard, both summa cum laude, and was the Developments and Supreme Court editor of the Harvard Law Review. He then clerked for two years for U.S. Supreme Court Justice Hugo Black. Before teaching, he also practiced law for three years with the firm Coudert Freres, in France.

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