|Present||Professor of Law, Georgia State University College of Law ‐ Center for Access to Justice|
|A.B., Amherst College|
|M.A., Princeton University|
|J.D., Yale Law School|
Contributions to Books (3)
Plea Bargaining and Price Theory George Washington Law Review (2016)
Like other markets, the plea bargaining market uses a pricing mechanism to coordinate market functions and to communicate critical information to participants, information that permits rational decisionmaking in the face of uncertainty. Because plea bargaining ...
Rules, Standards, Sentencing, and the Nature of Law California Law Review (2016)
Sentencing law and practice in the United States can be characterized as an argument about rules and standards. Whereas in the decades prior to the 1980s when sentencing was largely a discretionary activity governed only ...
Abolishing Jailhouse Snitch Testimony Wake Forest Law Review (2014)
Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial ...
Police Misconduct as a Cause of Wrongful Convictions Washington University Law Review (2013)
This study gathers data from two mass exonerations resulting from major police scandals, one involving the Rampart division of the L.A.P.D., and the other occurring in Tulia, Texas. To date, these cases have received little ...
Pervasive Surveillance & the Future of the Fourth Amendment Mississippi Law Journal (2011)
We are in a period of intense technological change. The continued explosive growth in technology has two major effects on the scope and application of the Fourth Amendment. First, the diffusion of powerful new technologies ...
Temporary Insanity: The Strange Life and Times of the Perfect Defense Boston University Law Review (2011)
The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” ...
Criminal Madness: Cultural Iconography and Insanity Stanford Law Review (2009)
Law relies on a well-developed and constantly evolving iconography to tell its stories. Like lawyers and judges, legal scholars typically rely upon official legal sources to flesh out the implicit meaning of the law’s language. ...
Signaling and Plea Bargaining's Innocence Problem Washington and Lee Law Review (2009)
The dominant theoretical model ofplea bargainingp redicts that, under conditions of full information and rational choice, criminal cases should uniformly be settled through plea bargaining. That prediction holds for innocent and guilty defendants alike. Because ...
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings Tulane Law Review (2008)
The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as ...
Reconsidering the Relationship Between Cognitive Psychology and Plea Bargaining Marquette Law Review (2007)
Cognitive researchers have identified numerous ways in which human reasoning diverges from the rational choice model employed by mainstream economic theory and conventional law and economics. Applications of the insights of this cognitive research to ...
The Unbearable Lightness of Batson: Mixed-Motives and Discrimination in Jury Selection Maryland Law Review (2006)
The Equal Protection Clause prohibits the use of peremptory challenges to exclude jurors on account of protected characteristics such as race and sex. Mixed-motive problems arise where the proponent of a strike confesses to have ...
Exorcising Wechsler's Ghost: The Influence of the Model Penal Code on Death Penalty Sentencing Jurisprudence Hastings Constitutional Law Quarterly (2004)
Contemporary death penalty law is deeply conflicted. The basic procedural and jurisprudential structures - the foundational principle of "individual consideration," the open-ended evidentiary rules that govern sentencing processes, and the procedural devices by which that ...