|Present||Faculty Member, Vanderbilt University|
Criminal law (1)
Death Penalty (3)
Gatekeeping Science: Using the Structure of Scientific Research to Distinguish Between Admissibility and Weight in Expert Testimony Northwestern University Law Review (2016)
Fundamental to all evidence rules is the division of responsibility between the judge, who determines the admissibility of evidence, and the jury, which gauges its weight. In most evidentiary contexts, such as those involving hearsay ...
Scientizing Culpability: The Implications of Hall v. Florida and the Possibility of a “Scientific Stare Decisis” William & Mary Bill of Rights Journal (2014)
The Supreme Court’s decision in Hall v. Florida held that “clinical definitions” control the meaning of intellectual disability in the death penalty context. In other words, Hall “scientized” the definition of a legal concept. This ...
Group to Individual (G2i) Inference in Scientific Expert Testimony University of Chicago Law Review (2014)
A fundamental divide exists between what scientists do as scientists and what courts often ask them to do as expert witnesses. Whereas scientists almost invariably inquire into phenomena at the group level, trial courts typically ...
Forensic Evaluations (1)
Juvenile Justice (2)
Reconceptualizing Due Process in Criminal Justice: Contributions from Law and Social Science ExpressO (2005)
This article challenges the accepted wisdom, at least since the Supreme Court’s decision in Gault, that procedures in juvenile delinquency court should mimic the adult criminal process. The legal basis for this challenge is Gault ...
Mental Disability Law (3)
Sell’s Conundrums: The Right of Incompetent Defendants to Refuse Anti-Psychotic Medication Washington University Law Review (2012)
The Supreme Court’s 2003 decision in Sell v. United States declared that situations in which the state is authorized to forcibly medicate a criminal defendant to restore competency to stand trial “may be rare.” Experience ...
The Criminal Defense Lawyer's Fiduciary Duty to Clients with Mental Disability UF Law Faculty Publications (2000)
This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that ...
Treatment of the Mentally Disabled: Rethinking the Community-First Idea Nebraska Law Review (1990)
I. Introduction II. The Legal Basis of the Community-First Movement III. A Critical Look at the Arguments in Favor of the Community-First Idea ... A. The Least Restrictive Alternative Rationale ... B. Effectiveness ... 1. ...
Plea Bargaining (1)
Plea Bargaining and the Substantive and Procedural Goals of Criminal Justice: From Retribution and Adversarialism To Preventive Justice And Hybrid-Inquisitorialism William & Mary Law Review (2016)
Plea bargaining and guilty pleas are intrinsically incompatible with themost commonly-accepted substantive and procedural premises of American criminal justice: Plea bargaining routinely results in punishment disproportionate to desert, and guilty pleas are an insult to ...
The Liberal Assault on the Fourth Amendment ExpressO (2006)
The Liberal Assault on the Fourth Amendment Christopher Slobogin As construed by the Supreme Court, the Fourth Amendment’s reasonableness requirement regulates overt, non-regulatory government searches of homes, cars, and personal effects–-and virtually nothing else. This ...