Michael J. Klarman

Happy Birthday, "Brown v. Board of Education?" "Brown's" Fiftieth Anniversary and the New Critics of Supreme Court Muscularity

EN years ago Professor Michael J. Klarman published an article entitled “Brown, Racial Change, and the Civil Rights Movement” in the Virginia Law Review. Portions of Professor Klarman’s argument were so notable that another discipline’s most widely read scholarly publication, the Journal of American History (“JAH”), printed a briefer version of Klarman’s interpretation just four months later. Professor Klarman’s Virginia Law Review article was accompanied by critical commentaries by this writer, Professor Gerald N. Rosenberg, and Professor Mark Tushnet, and a reply by Professor

The political heart of criminal procedure : essays on themes of William J. Stuntz

Part I. The Political Economy of Substantive Criminal Law: 1. Political dysfunction and the machinery of capital punishment Joe Hoffmann 2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams 3. Overcriminalization for lack of better options Daniel Richman 4. Stealing Bill Stuntz David Sklansky Part II. Police Investigation: 5. What the police do Anne Coughlin 6. The distribution of dignity and the fourth amendment Tracey Meares 7. Why courts should not quantify probable cause Orin Kerr 8. DNA and the fifth amendment Erin Murphy Part III. Emotion, Discretion, and the Judicial Role: 9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan 10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold 11. Three puzzles in the work of Bill Stuntz Michael Seidman 12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker 13. Three underrated explanations for the punitive turn Bill Stuntz.

Has the Supreme Court Been More a Friend or Foe to African Americans

This essay challenges the conventional wisdom that regards the Supreme Court as a heroic defender of the rights of racial minorities against majority oppression. It argues that over the course of American history, the Court, more often than not, has been a regressive force on racial issues. Klarman draws three lessons from his survey of the Courts racial jurisprudence: (1) the composition of the Court influences whether its racial jurisprudence is progressive or regressive; (2) the composition of the Court is, in significant part, a reflection of national politics; and (3) the Courts constitutional interpretations regarding race – just as on any other issue – broadly reflect the political and social climate of the era and thus rarely deviate far from dominant public opinion.

Introduction: Appreciating Bill Stuntz

The past several decades have seen a renaissance in criminal procedure as a cutting edge discipline, and as one inseparably linked to substantive criminal law. The renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This essay is the introductory chapter to The Political Heart of Criminal Procedure: Essays on Themes of William J. Stuntz (forthcoming, Cambridge University Press, 2012), which brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. After briefly chronicling the arc of Stuntz’s career, the essay provides a detailed overview of his criminal justice scholarship, from his first major articles and his classic work on the political economy of criminal law to The Collapse of American Criminal Justice, the magisterial, posthumous book that brings together many of the themes that preoccupied his scholarly life. The essay also surveys Stuntz’s writings on Christianity and about his physical pain and the cancer that ultimately killed him. The essay concludes by describing each of the book’s chapters, including a brief epilogue by Stuntz himself.

The Political Heart of Criminal Procedure: Frontmatter

Part I. The Political Economy of Substantive Criminal Law: 1. Political dysfunction and the machinery of capital punishment Joe Hoffmann 2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams 3. Overcriminalization for lack of better options Daniel Richman 4. Stealing Bill Stuntz David Sklansky Part II. Police Investigation: 5. What the police do Anne Coughlin 6. The distribution of dignity and the fourth amendment Tracey Meares 7. Why courts should not quantify probable cause Orin Kerr 8. DNA and the fifth amendment Erin Murphy Part III. Emotion, Discretion, and the Judicial Role: 9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan 10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold 11. Three puzzles in the work of Bill Stuntz Michael Seidman 12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker 13. Three underrated explanations for the punitive turn Bill Stuntz.

The Political Heart of Criminal Procedure: Emotion, Discretion, and the Judicial Role

Part I. The Political Economy of Substantive Criminal Law: 1. Political dysfunction and the machinery of capital punishment Joe Hoffmann 2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams 3. Overcriminalization for lack of better options Daniel Richman 4. Stealing Bill Stuntz David Sklansky Part II. Police Investigation: 5. What the police do Anne Coughlin 6. The distribution of dignity and the fourth amendment Tracey Meares 7. Why courts should not quantify probable cause Orin Kerr 8. DNA and the fifth amendment Erin Murphy Part III. Emotion, Discretion, and the Judicial Role: 9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan 10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold 11. Three puzzles in the work of Bill Stuntz Michael Seidman 12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker 13. Three underrated explanations for the punitive turn Bill Stuntz.

The Political Heart of Criminal Procedure: Contributor List

Part I. The Political Economy of Substantive Criminal Law: 1. Political dysfunction and the machinery of capital punishment Joe Hoffmann 2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams 3. Overcriminalization for lack of better options Daniel Richman 4. Stealing Bill Stuntz David Sklansky Part II. Police Investigation: 5. What the police do Anne Coughlin 6. The distribution of dignity and the fourth amendment Tracey Meares 7. Why courts should not quantify probable cause Orin Kerr 8. DNA and the fifth amendment Erin Murphy Part III. Emotion, Discretion, and the Judicial Role: 9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan 10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold 11. Three puzzles in the work of Bill Stuntz Michael Seidman 12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker 13. Three underrated explanations for the punitive turn Bill Stuntz.

The Political Heart of Criminal Procedure: The Political Economy of Substantive Criminal Law

Part I. The Political Economy of Substantive Criminal Law: 1. Political dysfunction and the machinery of capital punishment Joe Hoffmann 2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams 3. Overcriminalization for lack of better options Daniel Richman 4. Stealing Bill Stuntz David Sklansky Part II. Police Investigation: 5. What the police do Anne Coughlin 6. The distribution of dignity and the fourth amendment Tracey Meares 7. Why courts should not quantify probable cause Orin Kerr 8. DNA and the fifth amendment Erin Murphy Part III. Emotion, Discretion, and the Judicial Role: 9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan 10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold 11. Three puzzles in the work of Bill Stuntz Michael Seidman 12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker 13. Three underrated explanations for the punitive turn Bill Stuntz.

The Political Heart of Criminal Procedure: Police Investigations

Part I. The Political Economy of Substantive Criminal Law: 1. Political dysfunction and the machinery of capital punishment Joe Hoffmann 2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams 3. Overcriminalization for lack of better options Daniel Richman 4. Stealing Bill Stuntz David Sklansky Part II. Police Investigation: 5. What the police do Anne Coughlin 6. The distribution of dignity and the fourth amendment Tracey Meares 7. Why courts should not quantify probable cause Orin Kerr 8. DNA and the fifth amendment Erin Murphy Part III. Emotion, Discretion, and the Judicial Role: 9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan 10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold 11. Three puzzles in the work of Bill Stuntz Michael Seidman 12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker 13. Three underrated explanations for the punitive turn Bill Stuntz.

The Political Heart of Criminal Procedure: Index

Part I. The Political Economy of Substantive Criminal Law: 1. Political dysfunction and the machinery of capital punishment Joe Hoffmann 2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams 3. Overcriminalization for lack of better options Daniel Richman 4. Stealing Bill Stuntz David Sklansky Part II. Police Investigation: 5. What the police do Anne Coughlin 6. The distribution of dignity and the fourth amendment Tracey Meares 7. Why courts should not quantify probable cause Orin Kerr 8. DNA and the fifth amendment Erin Murphy Part III. Emotion, Discretion, and the Judicial Role: 9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan 10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold 11. Three puzzles in the work of Bill Stuntz Michael Seidman 12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker 13. Three underrated explanations for the punitive turn Bill Stuntz.