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Cortney Lollar
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Professor of Law and Faculty Director of the Center for Access to Justice
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Articles
Books
Contributions to Books
Articles
(13)
Link
Punishment through Restitution
(Cortney E. Lollar)
Federal Sentencing Reporter
(2022)
Criminal restitution is a standard part of sentencing. As criminal restitution obligations have become more common, the contours of what constitutes “restitution” have expanded. A consequence of the rise in the number of restitution orders, ...
Link
The Costs of the Punishment Clause
(Cortney E. Lollar)
Minnesota Law Review
(2022)
In recent years, scholars and advocates have drawn attention to the problematic use of fines and fees to keep those convicted of crimes enmeshed in the criminal legal system. A visible thread connects the imposition ...
Link
Invoking Criminal Equity’s Roots
(Cortney E. Lollar)
Virginia Law Review
(2021)
Equitable remedies have begun to play a critical role in addressing some of the systemic issues in criminal cases. Invoked when other solutions are inadequate to the fair and just resolution of the case, equitable ...
Link
Eliminating the Criminal Debt Exception for Debtors’ Prisons
(Cortney E. Lollar)
North Carolina Law Review
(2020)
Link
Kentucky Rule of Evidence 807
(Cortney E. Lollar)
Bench & Bar Magazine
(2019)
Link
Reviving Criminal Equity
(Cortney E. Lollar)
Alabama Law Review
(2019)
Recent scholarship has begun to take note of a resurgence of equity in civil cases. Due to a long-accepted premise that equity does not apply in criminal cases, no one has examined whether this quiet ...
Link
Criminalizing (Poor) Fatherhood
(Cortney E. Lollar)
Alabama Law Review
(2018)
States prosecute and incarcerate thousands of fathers every year for failing to pay their child support obligations. Ostensibly, these prosecutions aim to foster the health and well-being of children, without requiring the child’s mother to ...
Link
Criminalizing Pregnancy
(Cortney E. Lollar)
Indiana Law Journal
(2017)
The state of Tennessee arrested a woman two days after she gave birth and charged her with assault of her newborn child based on her use of narcotics during her pregnancy. Tennessee’s 2014 assault statute ...
Link
Punitive Compensation
(Cortney E. Lollar)
Tulsa Law Review
(2015)
Criminal restitution is a core component of punishment. In its current form, this remedy rarely serves restitution’s traditional aim of disgorging a defendant’s ill-gotten gains. Instead, courts use this monetary award not only to compensate ...
Link
Getting Jurors to Awesome
(Cortney E. Lollar)
Kentucky Law Journal Online
(2014)
A 2011 American Bar Association report on the death penalty in Kentucky revealed that a shocking two-thirds of the 78 people sentenced to death in Kentucky since reinstatement of the death penalty in 1976 have ...
Link
Kentucky Criminal Law Experts Call for Reform
(Cortney E. Lollar)
Bench & Bar Magazine
(2014)
Link
What is Criminal Restitution?
(Cortney E. Lollar)
Iowa Law Review
(2014)
A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for ...
Link
Child Pornography and the Restitution Revolution
(Cortney E. Lollar)
Journal of Criminal Law and Criminology
(2013)
Victims of child pornography are now successfully seeking restitution from defendants convicted of watching and trading their images. Restitution in child pornography cases, however, represents a dramatic departure from traditional concepts of restitution. This Article ...
Books
(1)
Evidence: Teaching Materials for an Age of Science and Statutes
(Ronald L. Carlson, Edward J. Imwinkelried, Cortney E. Lollar, et al.)
Faculty Publications By Year
(2023)
This coursebook employs a state-of-the-art approach to the problem method of teaching Evidence. The beginning of the text sets out two case files, one civil and one criminal. All of the problems in the text ...
Contributions to Books
(1)
McQuirter v. State
: Judgment
(Cortney E. Lollar)
Feminist Judgments: Rewritten Criminal Law Opinions
(2022)
This vintage rape case concerns an Alabama court’s determination that the jury may consider “social conditions and customs founded upon racial differences, such that the prosecutrix was a white woman and the defendant was a ...