Unpublished Papers

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Justice Story Cuts the Gordian Knot of Hung Jury Instructions (with Mark Greenbaum), Rutgers University (Newark) Legal Working Paper Series (2006)
Constitutional law grows more complex over time. The complexity is due, in large part, to...
 

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Discretion and Criminal Law: The Good, The Bad, and the Mundane, Rutgers University (Newark) Legal Working Paper Series (2005)
Most academic papers condemn discretion in the enforcement and prosecution of crime. This essay argues...
 

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Time Travel, Hovercrafts, and the Framers: James Madison Sees the Future and Rewrites the Fourth Amendment, Rutgers University (Newark) Legal Working Paper Series (2005)
The Framers could not have contemplated the interpretational problems that cloud the Fourth Amendment because...
 

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Missing Miranda's Story, A Review of Gary L. Stuart's, Miranda: The Story of America's Right to Remain Silent, Rutgers University (Newark) Legal Working Paper Series (2005)
Miranda v. Arizona is the best known criminal procedure decision in the history of the...