Instructors
Nancy Gertner
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Law and Neuroscience
January 30, 2023
Prerequisites: None Exam Type: No Exam This seminar examines cutting edge and even controversial linkages between law and neuroscience. We seek to highlight neuroscientific basis…
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Mass Incarceration and Sentencing Law
January 30, 2023
Prerequisites: None Exam Type: No Exam This course will first put 20th century sentencing law in sociological and historical context. It will examine the history,…
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Law and Neuroscience
January 18, 2023
Exam Type: No Exam This seminar examines cutting edge and even controversial linkages between law and neuroscience. We seek to highlight neuroscientific basis for behavior…
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Mass Incarceration and Sentencing Law
January 18, 2023
Prerequisites: None Exam Type: No Exam This course will first put 20th century sentencing law in sociological and historical context. It will examine the history,…
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Mass Incarceration and Sentencing Law
January 18, 2023
Prerequisites: None Exam Type: No Exam This course will first put 20th century sentencing law in sociological and historical context. It will examine the history,…
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Law and Neuroscience
January 18, 2023
Prerequisites: None Exam Type: No Exam This seminar examines cutting edge and even controversial linkages between law and neuroscience. We seek to highlight neuroscientific basis…
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There’s another side to the story on judge stats
January 12, 2023
Nancy Gertner, There’s another side to the story on judge stats, Mass. Law. Wkly. (Dec. 29, 2022).
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What Went Unsaid in the Chief Justice’s Report on the Judiciary
January 12, 2023
Nancy Gertner & Judith Resnik, What Went Unsaid in the Chief Justice’s Report on the Judiciary, N.Y. Times, Jan. 7, 2023.
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Judge dignifies Trump’s claim of executive privilege
October 19, 2022
Nancy Gertner, Judge dignifies Trump’s claim of executive privilege, Boston Globe (Sept. 7, 2022).
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Nancy Gertner, Majority in ‘Sweeting-Bailey’ ignored what SJC itself warned against year ago, Mass. Lawyers Weekly (Jan. 6, 2022)…
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The Stench at the Supreme Court
October 19, 2022
Nancy Gertner, The Stench at the Supreme Court, The Boston Globe (Dec. 2, 2021).
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America should not tolerate vigilante behavior
October 19, 2022
Nancy Gertner & Dean Strang, America Should Not Tolerate Vigilante Behavior, Chi. Sun-Times, Nov. 8, 2021.
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Do Supreme Court justices have competing judicial philosophies or are they just partisan hacks?
October 19, 2022
Nancy Gertner, Do Supreme Court justices have competing judicial philosophies or are they just partisan hacks?, The Boston Globe (Oct. 4, 2021).
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United States of America v. Michael Andrew Gary: Brief of Former United States District Court Judges as Amici Curiae in Support of Respondent
October 19, 2022
Paul G. Cassell, Nancy Gertner & Andrew Silverman, United States of America v. Michael Andrew Gary: Brief of Former United States District Court Judges as…
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Offense/Offender Distinction and Competence
October 19, 2022
Nancy Gertner, Offense/Offender Distinction and Competence (response to Douglas A. Berman), in Criminal Law Conversations 625 (Paul Robinson, Stephen P. Garvey & Kimberly Ferzan eds.,…
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Comment on Proposed Title IX Rulemaking
October 19, 2022
Jeannie Suk Gersen, Nancy Gertner & Janet Halley, Comment on Proposed Title IX Rulemaking (Jan. 30, 2019).
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Alternatives to Traditional Adversary Methods of Presenting Scientific Expertise in the Legal System
October 19, 2022
Nancy Gertner & Joseph Sanders, Alternatives to Traditional Adversary Methods of Presenting Scientific Expertise in the Legal System, 147 Daedalus 135 (2018).
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Against These Guidelines
October 19, 2022
Hon. Nancy Gertner, Against These Guidelines, 87 UMKC L. Rev. 49 (2018).
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Sexual Harassment and the Bench
October 19, 2022
Nancy Gertner, Sexual Harassment and the Bench, 71 Stan. L. Rev. Online 88 (2018).
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The “Lower” Federal Courts: Judging in a Time of Trump
October 19, 2022
Judge Nancy Gertner (Ret.), The “Lower” Federal Courts: Judging in a Time of Trump, 93 Ind. L.J. 83 (2018).
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Lynn S. Adelman, Nancy Gertner, Richard G. Kopf, Gerald E. Lynch & Gregory A. Presnell, Federal Sentenciing Under “Advisory” Guidelines: Observations by District Judges, 75…
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Is the Jury Worth Saving?
October 19, 2022
Nancy Gertner, Is the Jury Worth Saving?, 75 B.U. L. Rev. 923 (1995) (reviewing Stephen J. Adler, The Jury: Trial and Error in the American…
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Bakke on Affirmative Action for Women — Pedestal or Cage
October 19, 2022
Nancy Gertner, Bakke on Affirmative Action for Women — Pedestal or Cage, 14 Harv. C.R.-C.L. L. Rev. 173 (1979).
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Alternatives to the Carceral State: The Judge’s Role
October 19, 2022
Nancy Gertner, Alternatives to the Carceral State: The Judge’s Role, 74 Soc. Res. 663 (2007).
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A Short History of American Sentencing: Too Little Law, Too Much Law, or Just Right
October 19, 2022
Nancy Gertner, A Short History of American Sentencing: Too Little Law, Too Much Law, or Just Right, 100 J. Crim. L. & Criminology 691 (2010).
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Recommended Practices for Companies and Their Counsel in Conducting Internal Investigations
October 19, 2022
Douglas R. Young, Nanci Clarence, James Brosnahan, John S. Siffert, Robert G. Morvillo, Nancy Gertner, Robert W. Tarun & Cristina Arguedas, Recommended Practices for Companies…
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Fairness For All Students Under Title IX
October 19, 2022
Elizabeth Bartholet, Nancy Gertner, Janet Halley & Jeannie Suk Gersen, Fairness For All Students Under Title IX (Aug. 21, 2017).
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The Judicial Repeal of the Johnson/Kennedy Administration’s ‘Signature’ Achievement
October 19, 2022
Nancy Gertner, The Judicial Repeal of the Johnson/Kennedy Administration’s ‘Signature’ Achievement, in A Nation of Widening Opportunities: the Civil Rights Act at 50 (Ellen D.
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‘Only Procedural’: Thoughts on the Substantive Law Dimensions of Preliminary Procedural Decisions in Employment Discrimination Cases
October 19, 2022
Elizabeth M. Schneider & Nancy Gertner, ’Only Procedural’: Thoughts on the Substantive Law Dimensions of Preliminary Procedural Decisions in Employment Discrimination Cases, 57 N.Y.L. Sch.
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In Defense of Women: Memoirs of an Unrepentant Advocate
October 19, 2022
Nancy Gertner, In Defense of Women: Memoirs of an Unrepentant Advocate (Beacon Press 2011).
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Complicated Process
October 19, 2022
Nancy Gertner, Complicated Process, 125 Yale L.J. F. 442 (Mar. 22, 2016).
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Opinions I Should Have Written
October 19, 2022
Nancy Gertner, Opinions I Should Have Written, 110 Nw. U. L. Rev. 423 (2016).
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From Omnipotence to Impotence: American Judges and Sentencing
October 19, 2022
Nancy Gertner, From Omnipotence to Impotence: American Judges and Sentencing, 4 Ohio St. J. Crim. L. 523 (2007).
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Nancy Gertner, Juries and Originalism: Giving “Intelligible Content” to the Right to a Jury Trial, 71 Ohio St. L.J. 935 (2011).
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Neuroscience and Sentencing
October 19, 2022
Nancy Gertner, Neuroscience and Sentencing, 85 Fordham L. Rev. 533 (2016).
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Judge Nancy Gertner & Melissa Hart, Employment Law: Implicit Bias in Employment Discrimination Litigation, in Implicit Racial Bias across the Law 80 (Justin D. Levinson…
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On Competence, Legitimacy, and Proportionality
October 19, 2022
Nancy Gertner, On Competence, Legitimacy, and Proportionality, 160 U. Pa. L. Rev. 1585 (2012).