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Albert W. Alschuler | |
|---|---|
 | |
| Born | September 24, 1940 |
| Nationality | American |
| Occupation(s) | Lawyer, academic, and author |
| Academic background | |
| Education | Harvard College (AB) Harvard Law School (LL.B) |
| Academic work | |
| Institutions | The University of Texas School of Law The University of Colorado Law School The University of Pennsylvania Law School The University of Chicago Law School |
Comment: In accordance with the Wikimedia Foundation's Terms of Use, I disclose that I have been paid by my employer for my contributions to this article.HRShami (talk)
Albert W. Alschuler is an American legal scholar best known for his work in criminal procedure and criminal law. He is the Julius Kreeger Professor Emeritus at the University of Chicago Law School. He previously taught at the University of Texas at Austin, the University of Colorado, and the University of Pennsylvania, and has conducted research on plea bargaining.[1]
Early life and education
[edit]Alschuler was born in Aurora, Illinois on September 24, 1940. His father, Sam Alschuler, was an Aurora lawyer and his mother, Winifred King Alschuler, a teacher and homemaker.[2] He attended public schools in Aurora and graduated from Harvard College in 1962. In 1965, he graduated from the Harvard Law School where he was an officer of the Harvard Law Review.[3]
Career
[edit]Alschuler was a law clerk to Illinois Supreme Court Justice Walter V. Schaefer and a special assistant to Fred M. Vinson Jr., United States Assistant Attorney General in Charge of the United States Department of Justice Criminal Division. He began his academic career in 1966 as an assistant professor at The University of Texas School of Law, and was promoted to full professor in 1969. From 1976 through 1984, he was a professor at the University of Colorado Law School. He taught briefly at the University of Pennsylvania before joining the University of Chicago Law School faculty in 1985. At Chicago, he was promoted to Wilson-Dickinson Professor in 1988 and to Julius Kreeger Professor in 2002.[1] After taking emeritus status at Chicago in 2006, he became a professor of law at Northwestern University for five years and then retired.[4]
Research and work
[edit]Alschuler's interviews with lawyers and judges in ten American cities in the 1960s led to his studies of the prosecutor's,[5] defense attorney's,[6] and trial judge's[7] roles in plea bargaining. Returning to the topic fifty years after his first study, he described plea bargaining as a nearly perfect device for convicting the innocent[8] and as a major cause of mass incarceration.[9]
Alschuler has been a critic of the Federal Sentencing Guidelines.[10] He later contended that, from any coherent normative perspective, these guidelines increased sentence disparity.[11] He described the rule barring the use of illegally obtained evidence as one of the law's success stories[12] but called the Supreme Court's ruling in Miranda v. Arizona a failure.[13] In a paper, he advocated limiting corporate criminal liability, comparing it to the practice of punishing inanimate objects.[14]
In Rediscovering Blackstone, Alschuler described the impact of Sir William Blackstone's work on American law and defended Blackstone's jurisprudence against modern critics.[15] In Law Without Values: The Life, Work, and Legacy of Justice Holmes, he examined how Holmes' moral skepticism dominated his opinions and scholarly writings.[16] Judge Morris B. Hoffman commended this study as "stunningly new and original."[17]
Awards and honors
[edit]- 1975-1976 – Visiting Fellow, National Institute of Justice
- 1984 – Visiting Scholar, American Bar Foundation
- 1997 – Sutherland Prize, American Society for Legal History[18]
- 1997 – Guggenheim Fellowship, John Simon Guggenheim Memorial Foundation[19]
- 2000 – Exemplary Legal Writing Award, Green Bag Board of Advisors[20]
Bibliography
[edit]Books
[edit]- The Privilege against Self-Incrimination: Its Origins and Development (1997) ISBN 978-0226326603 (with R. H. Helmholz, Charles Gray, John H. Langbein, Eben Moglen & Henry Smith)
- Law Without Values: The Life, Work, and Legacy of Justice Holmes (2000) ISBN 978-0226015200
Selected articles
[edit]- Alschuler, A. W. (1968). "The prosecutor's role in plea bargaining". The University of Chicago Law Review, 36, 50–112.
- Alschuler, A. W. (1975). "The defense attorney's role in plea bargaining". The Yale Law Journal, 84, 1179–1314.
- Alschuler, A.W. (1976). "The trial judge's role in plea bargaining". Columbia Law Review, 76, 1059–1154.
- Alschuler, A. W. (1979). "Plea bargaining and its history". Columbia Law Review, 79, 1–43.
- Alschuler, A. W. (1983). "Implementing the criminal defendant's right to trial: Alternatives to the plea bargaining system". The University of Chicago Law Review, 50, 931–1050.
- Alschuler, A. W., & Deiss, A. G. (1994). "A brief history of the criminal jury in the United States". The University of Chicago Law Review, 61, 867–928.
- Alschuler, A. W. (2017). "Miranda's fourfold failure". Boston University Law Review, 97, 849–891.
- Alschuler, A. W. (2021). "Plea bargaining and mass incarceration". New York University Annual Survey of American Law, 76, 205–234.
References
[edit]- ^ a b "Albert Alschuler | University of Chicago Law School". www.law.uchicago.edu.
- ^ "Sam Alschuler". Chicago Tribune.
- ^ "Alschuler, Albert W. 1940–". www.encyclopedia.com.
- ^ "Dean Welcomes Students Back for Spring Term". Northwestern Law.
- ^ Alschuler, Albert W. (1968). "The Prosecutor's Role in Plea Bargaining". The University of Chicago Law Review. 36 (1): 50–112. doi:10.2307/1598832. JSTOR 1598832.
- ^ Alschuler, Albert W. (1975). "The Defense Attorney's Role in Plea Bargaining". The Yale Law Journal. 84 (6): 1179–1314. doi:10.2307/795498. JSTOR 795498.
- ^ Alschuler, Albert W. (1976). "The Trial Judge's Role in Plea Bargaining, Part I". Columbia Law Review. 76 (7): 1059–1154. doi:10.2307/1121673. JSTOR 1121673.
- ^ "A Nearly Perfect System for Convicting the Innocent".
- ^ "Plea Bargaining and Mass Incarceration" (PDF).
- ^ Alschuler, Albert W. (1991). "The Failure of Sentencing Guidelines: A Plea for Less Aggregation". The University of Chicago Law Review. 58 (3): 901–951. doi:10.2307/1599992. JSTOR 1599992.
- ^ "Disparity: The Normative and Empirical Failure of the Federal Guidelines" (PDF).
- ^ "Studying the Exclusionary Rule: An Empirical Classic".
- ^ Alschuler, Albert W. (May 11, 2017). "Miranda's Fourfold Failure". SSRN 2969143 – via papers.ssrn.com.
- ^ Alschuler, Albert (January 1, 2009). "Two Ways to Think about the Punishment of Corporations". American Criminal Law Review. 46: 1359.
- ^ Alschuler, Albert (January 1, 1996). "Rediscovering Blackstone". University of Pennsylvania Law Review. 145 (1): 1–55. doi:10.2307/3312712. JSTOR 3312712.
- ^ Rosenberg, Norman L. "Life As War - Albert W. Alschuler: Law without Values: The Life, Work, and Legacy of Justice Holmes. – The Review of Politics". The Review of Politics. 63 (4): 842–844. doi:10.1017/S0034670500032307. S2CID 145530833.
- ^ Hoffman, Morris B. (December 1, 2001). "Law Without Values: The Life, Work, and Legacy of Justice Holmes". Stanford Law Review. 54 (3): 597–626. doi:10.2307/1229467. JSTOR 1229467 – via go.gale.com.
- ^ "Sutherland Prize | American Society for Legal History". November 27, 2018.
- ^ "Law School welcomes Spring 2009 visitors | NYU School of Law". www.law.nyu.edu.
- ^ "Almanac & Reader". www.greenbag.org.