Albert W Alschuler
Dados Biográficos
| ID | 1493154 |
|---|---|
| NOME | Albert W Alschuler |
| PRENOMES | Albert W |
| SOBRENOME | Alschuler |
| ASSINATURA | ALSCHULER A W |
| AFILIAÇÕES | University of Chicago |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 11 |
| TOTAL DE CITAÇÕES | 38 |
| TOTAL COMO AUTOR | 11 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1968 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2020 |
| ÍNDICE H | 3 |
Justice, Mercy, and Equality in Discretionary Criminal Justice Decision Making
This essay examines whether, in exercising their discretion, criminal justice officials should do justice, grant mercy, and treat alleged or convicted offenders equally. Although it endorses doing justice, the essay maintains that officials should almost never reduce a just punishment simply to be merciful. Public officials are fiduciaries, and they ordinarily have no authority to make unmerited gifts. Sometimes, however, deciding not to inflict …
Narrative and normativity
Law without Values
Law without Values
No American leg al thinker or judg e has received more academic or popular attention than Justice Oliver Wendell Holmes Jr. Albert W. Alschuler portrays his new book as an unorthodox challenge to the widespread praise of Holmes as a scholar and a judge, even from people who have recognized unattractive aspects of his personality and ideas. In often scathing language, Alschuler claims that Holmes was a skeptic whose “adolescent” view of “law witho…
Law without Values
Journal Article Law without Values: The Life, Work, and Legacy of Justice Holmes Get access Alschuler Albert W., Law without Values: The Life, Work, and Legacy of Justice HolmesChicago: University of Chicago Press, 2000. x, 325 pp. $30.00 Linda Przybyszewski Linda Przybyszewski University of Cincinnati Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Issue 4, October 2000, Page…
The Privilege against Self-Incrimination
Journal Article The Privilege against Self-incrimination: Its Origins and Development Get access Helmholz R. H. Gray Charles M. Langbein John H. Moglen Eben Smith Henry Alschuler Albert, The Privilege against Self-incrimination: Its Origins and Development. Chicago: University of Chicago Press, 1997. x, 310 pp. $29.95. David J. Bodenhamer David J. Bodenhamer Indiana University-Purdue University, Indianapolis Search for other works by this author …
Rediscovering Blackstone
A law school casebook declares that until the turn of the twentieth century American law "had been dominated by the belief that a single, correct legal solution could be reached in every case by the application of rules of logic to a set of natural and self-evident principles
A Peculiar Privilege in Historical Perspective
court that such silence is evidence of guilt,"' 0 focused the choice between the two competing interpretations more sharply than any other Supreme Court decision has.Justice Douglas's majority opinion in Griffin invoked the language of unconstitutional conditions, declaring that comment "is a penalty imposed by courts for exercising a constitutional privilege.It cuts down on the privilege by making its assertion costly.""Justice Stewart's dissent…
A Brief History of the Criminal Jury in the United States
Harold Hyman and Catherine Tarrant wrote in 1975 that "research into American jury history has been far from adequate, systematic, or synthetic ....The result is that any attempt to survey jury history... is necessarily impressionistic, discursive, and tentative."These authors concluded, "Few areas of legal history need attention more."Hyman and Tarrant, American Trial Jury History at 24 (cited in note 3).See also Murrin, Magistrates, Sinners, an…
Plea Bargaining and its History
For most of the history of the common law, Anglo-American courts did not encourage guilty pleas but actively discouraged them. Plea bargaining emerged as a significant practice only after the American Civil War, and it generally met with strong disapproval on the part of appellate courts. This practice nevertheless became a dominant method of resolving criminal cases at the end of the nineteenth century and beginning of the twentieth, and it attr…
The Prosecutor's Role in Plea Bargaining
Plea Bargaining and its History
For most of the history of the common law, Anglo-American courts did not encourage guilty pleas but actively discouraged them. Plea bargaining emerged as a significant practice only after the American Civil War, and it generally met with strong disapproval on the part of appellate courts. This practice nevertheless became a dominant method of resolving criminal cases at the end of the nineteenth century and beginning of the twentieth, and it attr…
A Brief History of the Criminal Jury in the United States
Harold Hyman and Catherine Tarrant wrote in 1975 that "research into American jury history has been far from adequate, systematic, or synthetic ....The result is that any attempt to survey jury history... is necessarily impressionistic, discursive, and tentative."These authors concluded, "Few areas of legal history need attention more."Hyman and Tarrant, American Trial Jury History at 24 (cited in note 3).See also Murrin, Magistrates, Sinners, an…
Rediscovering Blackstone
A law school casebook declares that until the turn of the twentieth century American law "had been dominated by the belief that a single, correct legal solution could be reached in every case by the application of rules of logic to a set of natural and self-evident principles
A Peculiar Privilege in Historical Perspective
court that such silence is evidence of guilt,"' 0 focused the choice between the two competing interpretations more sharply than any other Supreme Court decision has.Justice Douglas's majority opinion in Griffin invoked the language of unconstitutional conditions, declaring that comment "is a penalty imposed by courts for exercising a constitutional privilege.It cuts down on the privilege by making its assertion costly.""Justice Stewart's dissent…
Narrative and normativity
The Prosecutor's Role in Plea Bargaining
Plea Bargaining and its History
For most of the history of the common law, Anglo-American courts did not encourage guilty pleas but actively discouraged them. Plea bargaining emerged as a significant practice only after the American Civil War, and it generally met with strong disapproval on the part of appellate courts. This practice nevertheless became a dominant method of resolving criminal cases at the end of the nineteenth century and beginning of the twentieth, and it attr…
A Brief History of the Criminal Jury in the United States
Harold Hyman and Catherine Tarrant wrote in 1975 that "research into American jury history has been far from adequate, systematic, or synthetic ....The result is that any attempt to survey jury history... is necessarily impressionistic, discursive, and tentative."These authors concluded, "Few areas of legal history need attention more."Hyman and Tarrant, American Trial Jury History at 24 (cited in note 3).See also Murrin, Magistrates, Sinners, an…
Rediscovering Blackstone
A law school casebook declares that until the turn of the twentieth century American law "had been dominated by the belief that a single, correct legal solution could be reached in every case by the application of rules of logic to a set of natural and self-evident principles
A Peculiar Privilege in Historical Perspective
court that such silence is evidence of guilt,"' 0 focused the choice between the two competing interpretations more sharply than any other Supreme Court decision has.Justice Douglas's majority opinion in Griffin invoked the language of unconstitutional conditions, declaring that comment "is a penalty imposed by courts for exercising a constitutional privilege.It cuts down on the privilege by making its assertion costly.""Justice Stewart's dissent…
The Privilege against Self-Incrimination
Journal Article The Privilege against Self-incrimination: Its Origins and Development Get access Helmholz R. H. Gray Charles M. Langbein John H. Moglen Eben Smith Henry Alschuler Albert, The Privilege against Self-incrimination: Its Origins and Development. Chicago: University of Chicago Press, 1997. x, 310 pp. $29.95. David J. Bodenhamer David J. Bodenhamer Indiana University-Purdue University, Indianapolis Search for other works by this author …
Law without Values
Journal Article Law without Values: The Life, Work, and Legacy of Justice Holmes Get access Alschuler Albert W., Law without Values: The Life, Work, and Legacy of Justice HolmesChicago: University of Chicago Press, 2000. x, 325 pp. $30.00 Linda Przybyszewski Linda Przybyszewski University of Cincinnati Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Issue 4, October 2000, Page…
Law without Values
Law without Values
No American leg al thinker or judg e has received more academic or popular attention than Justice Oliver Wendell Holmes Jr. Albert W. Alschuler portrays his new book as an unorthodox challenge to the widespread praise of Holmes as a scholar and a judge, even from people who have recognized unattractive aspects of his personality and ideas. In often scathing language, Alschuler claims that Holmes was a skeptic whose “adolescent” view of “law witho…
Narrative and normativity
Justice, Mercy, and Equality in Discretionary Criminal Justice Decision Making
This essay examines whether, in exercising their discretion, criminal justice officials should do justice, grant mercy, and treat alleged or convicted offenders equally. Although it endorses doing justice, the essay maintains that officials should almost never reduce a just punishment simply to be merciful. Public officials are fiduciaries, and they ordinarily have no authority to make unmerited gifts. Sometimes, however, deciding not to inflict …
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