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Legal Commentary

: Prawfs

New Voices in Criminal Law Scholarship at Law and Society, 2009

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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Having survived her unsparing tutelage, I, along with my friend and sparring partner, Alice Ristroph, have put together a conference within a conference at Law and Society in Denver in late May 2009. We'll have about 8 panels with approximately four panelists per session on a variety of subjects. While we limited our efforts primarily to younger/untenured prawfs this year, I suspect there's no real reason to make the limitation in the future, assuming this one goes reasonably well.

A little backstory. My experience with Law and Society in the past has been somewhat mixed if you end up on a panel that you didn't help organize in some respect, so Alice and I decided we'd try to match crim law scholars roughly by topic. Additionally, because of the open structure of Law and Society, there are rarely situations where others in the room have read the paper you are presenting -- so the likelihood of useful feedback is, to my experience, lower than it could be when there are opportunities in advance to read the work. Consequently, Alice and I are asking all the panelists to not only present their own paper but also to read the work of the other panelists on their panel. With some luck, this should enrich and elevate the conversation's depth of engagement with the work.

After the jump, you can check out our current list of panels (subject to minor tweaking). The order here is not reflective of the actual order at the conference and there may be changes to the titles, etc, but I wanted to give a flavor of who will be presenting and on what subjects in case you're a crim-type person and interested in coming to a good number of panels that will be scheduled to avoid conficts with each other.

Crim Law: Fed Crim Pro

Jelani Jefferson Exum (Kansas): Dropping the Anchor: Reconfiguring Federal Sentencing after Booker

Ted Sampsell-Jones (WMitchell): Making Defendants Speak

Carissa Hessick (ASU): Ineffective Assistance of Counsel at Sentencing

Emily Sack (Roger Williams) Federal-State Conflicts in Criminal Law

Crim Law: Comparative Perspectives

Lissa Griffin (Pace): Study of Wrongful convictions in UK

Shawn Marie Boyne (Indianapolis) Revisiting Damaska: Prosecutorial Discretion and the Search for Truth in Germany

Catherine Grosso (Michigan State), Military Murder versus Civilian Murder: The Impact of Conventional Civilian Aggravators on Military Death Sentencing, 1984-2005."

Carolyn Ramsey (Colorado): "Provoking Change: Should the United States Follow Australia

in Reforming Homicide Law?".

Crim Law: Punishment Theory

Mark White (CUNY): Consequentialist Retributivism

Dan Markel (FSU), Should Retributivists Care About the Subjective Experience of Punishment?

Don Braman (GW), Against Punishment Naturalism

John Bronsteen (Loyola): Happiness and Punishment

Crim Law: Choice and Chance in Criminal Law

Marc DeGirolami (Catholic): Retribution and Justification

Vera Bergelson (Rutgers): Strict Liability and Affirmative Defenses

William Berry (Ole Miss): All for one and one for all? Exploring the parallel (procedural) repudiation of capital punishment by Powell, Blackmun, and Stevens

Vincent Chiao (HLS Fellow), Equality, Desert, and Luck in criminal law and procedure

Crim Law: Fear and Loathing in Criminal Law

Alice Ristroph (Seton Hall), Criminal Law in the Shadow of Violence

Mary Fan (American), The Spatialization of Fear and Fourth Amendment Reasonableness Shifting

Russell Covey (Georgia State), Cinematic Representations of Insanity

Melanie Wilson (Kansas): Police Lies.

Crim Law: Sex, Kids and Crime

Corey Rayburn Yung (John Marshall): The Undeclared Criminal War on Sex Offenders

Carissa Hessick (ASU): Punishing Kiddie Porn

Audrey Rogers (Pace): "Protecting Children on the Internet: Mission Impossible?"

Tamar Birckhead (UNC): Are Juveniles Entitled to Procedural Justice?

Crim Law : Domestic Violence

Melissa Hamilton (Toledo): Gender and Sexuality in Arrest Outcomes for Intimate Partner Violence.

Kim Bailey (Chi-Kent): "There is a Stranger in My House: Re-Examining Privacy in Domestic Violence Law & Policy."

Emily Sack (Roger Williams): critical analysis of the line of recent Supreme Court cases involving domestic violence ? including Castle Rock, Crawford, Davis/Hammon, Giles.

Jennifer Collins WFU: Fathers Who Kill Their Children

Criminal Justice and the Family: A Roundtable on Privilege or Punish

How Should Family Status Be Addressed in the Criminal Justice System?

The panel will use as its springboard for discussion the new book, "Privilege or Punish: Criminal Justice and the Challenge of Family Ties" (Oxford, April 2009) by Dan Markel (Florida State Law), Jennifer M. Collins (Wake Forest Law), and Ethan Leib (UC-Hastings). Discussants will include Naomi Cahn (George Washington Law), Melissa Murray (Berkeley Law), and Elizabeth Scott (Columbia Law), Don Braman (GW), Tommy Crocker (U. South Carolina), as well as the authors.

Full post as published by Prawfs on February 24, 2009 (boomark / email).