As a key driver of innovation and economic growth, university-industry technology transfer has attracted significant attention. Commentators often characterize “formal” technology transfer, which encompasses patenting and licensing university inventions, as proceeding according to market principles. Within this dominant conception, patents disclose and “commodify” academic inventions, which universities then advertise and transfer to private firms in […]
Prosecutors use rape trauma syndrome evidence at rape trials to explain victims’ “counterintuitive” behaviors and demeanors, such as their late reporting, rape denials, returns to the scenes of their attacks, and lack of emotional affect. Courts and experts, in instructions and testimony, usually describe victim reticence as a product of shame or trauma. But feminist […]
The study of decision making on multimember courts has, in the past ten or so years, attracted increasing academic attention. In this Essay, I would like to briefly discuss this academic literature on multimember courts in an attempt to relate Judge Wood’s personal experiences to this literature. My hope is that this exercise will both […]
Building on Judge Wood’s Essay on the external consequences of separate writing by judges on multijudge appellate panels, this Essay looks internally to examine how separate writing affects judicial decision-making processes by appellate courts. Studies in psychology and behavioral economics have identified various cognitive biases that may impact judicial decision making and have demonstrated that […]
This Essay explores the instrumental and normative considerations that prompt judges to publish separate opinions. After discussing the traditions of separate writing in American judicial practice, the author provides a contemporary judge’s perspective on the aims of separate opinions and on the cost-benefit analysis that judges invariably undertake when contemplating whether to write a concurrence […]
This Article considers how the composition and gravamen of a charged crime can affect the willingness and ability of the prosecution and defense to engage in plea bargaining. Most of the prevailing descriptions of plea bargaining ignore or discount the importance of charge content in plea negotiations; in fact, one leading commentator has likened crimes […]
