It is important for criminal attorneys to understand the immigration consequences that follow a plea of guilty for non U.S. citizen. Last year, the U.S. Supreme Court held in Padilla v. Kentucky that criminal defense attorneys are required under the Sixth Amendment to advise non-citizen clients...

Despite the Supreme Court's 2005 decision in United States v. Booker, which enhanced the power of district court judges to sentence defendants below the range prescribed by the federal sentencing guidelines, the great majority of federal sentences continue to follow the guidelines'...

Although the study of plea bargaining would seem, by its nature, to invite interdisciplinary collaboration between criminal law and dispute resolution scholars, there has been remarkably little cross-fertilization between the fields. In this Essay, we discuss the suitability of conceptualizing...

We analyze optimal sentence length for recurring crimes in the face of adjudication errors. We develop an infinite-horizon model where offenders are habitual---they repeat crimes whenever free. If apprehended, criminals may be wrongfully acquitted. Similarly, innocent persons may be apprehended...

A defendant who admits to having committed an offense may nevertheless be acquitted if he can provide a legally cognizable justification or excuse for his actions by raising an affirmative defense. This article explains how affirmative defenses generate social benefits in the form of avoided...

This note analyzes a case issued by the Navajo Nation Supreme Court, Means v. District Court of the Chinle Judicial District (1999), which concerned Russell Means, noted Indian activist and actor. The note specifically focuses on the Navajo Supreme Court's use of the Navajo Common Law concept of...