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The Political Heart of Criminal Procedure
Essays on Themes of William J. Stuntz

$33.99 (C)

Joe Hoffmann, Richard McAdams, Daniel Richman, David Sklansky, Anne Coughlin, Tracey Meares, Orin Kerr, Erin Murphy, Dan Kahan, Andrew Leipold, Michael Seidman, Carol Steiker, Bill Stutz
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  • Date Published: June 2014
  • availability: Available
  • format: Paperback
  • isbn: 9781107640078

$33.99 (C)

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About the Authors
  • The past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship – all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective. Both as a tribute to Stuntz's work and as a source of profound new insights, the book is a milestone in the criminal justice literature.

    • This is the first full assessment of Stuntz's work, who was the leading criminal justice scholar of the last generation
    • The contributing authors include many of the leading criminal justice scholars in the country
    • The book's substantial introduction provides a complete critical guide to Stuntz's work
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    Product details

    • Date Published: June 2014
    • format: Paperback
    • isbn: 9781107640078
    • length: 246 pages
    • dimensions: 229 x 152 x 13 mm
    • weight: 0.34kg
    • contains: 2 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. The Political Economy of Substantive Criminal Law:
    1. Political dysfunction and the machinery of capital punishment Joe Hoffmann
    2. Bill Stuntz and the principal-agent problem in American criminal law Richard McAdams
    3. Overcriminalization for lack of better options Daniel Richman
    4. Stealing Bill Stuntz David Sklansky
    Part II. Police Investigation:
    5. What the police do Anne Coughlin
    6. The distribution of dignity and the fourth amendment Tracey Meares
    7. Why courts should not quantify probable cause Orin Kerr
    8. DNA and the fifth amendment Erin Murphy
    Part III. Emotion, Discretion, and the Judicial Role:
    9. Two conceptions of emotion in criminal law: an essay inspired by Bill Stuntz Dan Kahan
    10. Patrolling the fence line: how the court only sometimes cares about preserving its role in criminal cases Andrew Leipold
    11. Three puzzles in the work of Bill Stuntz Michael Seidman
    12. The mercy seat: discretion, justice, and mercy in the American criminal justice system Carol Steiker
    13. Three underrated explanations for the punitive turn Bill Stuntz.

  • Editors

    Michael Klarman

    David Skeel, University of Pennsylvania Law School

    Carol Steiker, Harvard Law School


    Joe Hoffmann, Richard McAdams, Daniel Richman, David Sklansky, Anne Coughlin, Tracey Meares, Orin Kerr, Erin Murphy, Dan Kahan, Andrew Leipold, Michael Seidman, Carol Steiker, Bill Stutz

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