The Political Heart of Criminal Procedure

Michael Klarman is the Kirkland and Ellis Professor of Law at Harvard Law School. Before that, he was the James Monroe Distinguished Professor of Law and Professor of History at the University of Virginia School of Law. Klarman is the author of Brown v. Board and the Civil Rights Movement (2007), Unfinished Business: Racial Equality in American History (2007), and From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality (2004), which won the 2005 Bancroft Prize in American history. David Skeel is the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania Law School. He is the author of The New Financial Deal: Understanding the Dodd-Frank Act and Its (Unintended) Consequences (2011), Icarus in the Boardroom (2005), and Debt's Dominion: A History of Bankruptcy Law in America (2001), as well as a number of articles, including several with Bill Stuntz, on bankruptcy, corporate law, Christianity and law, gambling and other topics. He also co-authored the blog 'Less than the Least' with Stuntz. Carol Steiker is the Henry J. Friendly Professor of Law at Harvard Law School. She is the author of numerous scholarly works across the broad field of criminal justice, ranging from substantive criminal law to criminal procedure to institutional design, with a special focus on issues related to capital punishment. She has served on the editorial board of The Encyclopedia of Crime and Justice, 2nd edition, 2002), as the editor of Criminal Procedure Stories (2006), and as co-author of the Kadish, Schulhofer and Steiker casebook, Criminal Law and Its Processes, 8th edition (2007). Professor Steiker also has litigated on behalf of indigent criminal defendants, consulted for a variety of non-profit organizations concerned with criminal justice issues, and served as an expert witness before Congress and state legislatures.

• 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.