In the past three decades, the federal sentencing system has been in a state of flux. At the core of the debate, and at issue in a great deal of modern cases, is how much discretion federal judges ought to have when sentencing defendants. The amount of discretion committed to judges depends largely on how [...]
This Article argues that the procedural justice—that is, fairness of process—plays a critical and largely unexamined role in legal negotiation, encouraging the acceptance of and adherence to negotiated agreements. An economic focus has dominated prior work on legal negotiation and has largely touted the importance of negotiated outcome rather than process. This Article marshals theoretical [...]
In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed by a statute called ERISA, which many health care and pension scholars argue is the cause of fundamental problems with our nation’s health and retirement policy. Inevitably, however, they advance narrowly [...]
