Joanna Shepherd

Emory University School of Law

Thomas Simmons Professor of Law and Vice Dean

1301 Clifton Road

Atlanta, GA 30322

United States

  • Emory University School of Law

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    • Tel: 404-727-8957
SCHOLARLY PAPERS

47

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120

Scholarly Papers (47)

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1.

Does Capital Punishment Have a Deterrent Effect? New Evidence from Post-Moratorium Panel Data

Downloads 4,817 ( 3,374)

Does Capital Punishment Have a Deterrent Effect? New Evidence from Post-Moratorium Panel Data

Number of pages: 49 Posted: 24 Oct 2007
Hashem Dezhbakhsh, Paul H. Rubin and Joanna Shepherd
Emory University - Department of Economics, Emory University - Department of Economics and Emory University School of Law
Downloads 4,817 (3,334)
Citation 14

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Capital Punishment; death penalty; deterrence

Does Capital Punishment Have a Deterrent Effect? New Evidence from Post-Moratorium Panel Data

Posted: 05 May 2003
Hashem Dezhbakhsh, Paul H. Rubin and Joanna Shepherd
Emory University - Department of Economics, Emory University - Department of Economics and Emory University School of Law

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Capital Punishment, death penalty, deterrence

2.

Tort Reform and Accidental Deaths

Journal of Law and Economics, Vol. 50, 2007
Number of pages: 18 Posted: 11 Aug 2005 Last Revised: 30 May 2012
Paul H. Rubin and Joanna Shepherd
Emory University - Department of Economics and Emory University School of Law
Downloads 1,336 (26,140)
Citation 2

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tort reform, accidents, deaths

3.

Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States

Michigan Law Review, Forthcoming, Emory Law and Economics Research Paper No. 05-16
Number of pages: 48 Posted: 11 Aug 2005
Joanna Shepherd
Emory University School of Law
Downloads 1,247 (28,976)
Citation 3

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death penalty, deterrence, capital punishment

4.

Consolidation and Innovation in the Pharmaceutical Industry: The Role of Mergers and Acquisitions in the Current Innovation Ecosystem

Journal of Health Care Law & Policy, Forthcoming, Emory Legal Studies Research Paper
Number of pages: 26 Posted: 22 Mar 2017
Joanna Shepherd
Emory University School of Law
Downloads 891 (46,657)
Citation 1

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pharmaceuticals, innovation, mergers, consolidation, biotech

5.

Economics of Crime

Foundations and Trends in Microeconomics, Vol. 2, No. 3, 2006 , Emory Law and Economics Research Paper No. 11-114
Number of pages: 77 Posted: 19 Aug 2011 Last Revised: 29 May 2012
Erling Eide, Paul H. Rubin and Joanna Shepherd
University of Oslo, Emory University - Department of Economics and Emory University School of Law
Downloads 861 (48,888)
Citation 3

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criminal behavior, economics of crime

6.

Pharmacy Benefit Managers, Rebates, and Drug Prices: Conflicts of Interest in the Market for Prescription Drugs

Yale Law & Policy Review, Vol. 38, 2019
Number of pages: 28 Posted: 14 Jan 2019 Last Revised: 03 Mar 2019
Joanna Shepherd
Emory University School of Law
Downloads 828 (51,611)
Citation 2

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pharmaceutical market, drugs, pharmacy benefit managers, PBMs, rebates

7.

An Empirical Study of Public Defender Effectiveness: Self-Selection by the 'Marginally Indigent'

Downloads 765 (57,376)
Citation 7

An Empirical Study of Public Defender Effectiveness: Self-Selection by the 'Marginally Indigent'

Ohio State Journal of Criminal Law, Vol. 3, 2005, Emory Law and Economics Research Paper No. 11-116
Number of pages: 34 Posted: 17 Sep 2011 Last Revised: 13 Oct 2011
Morris B. Hoffman, Paul H. Rubin and Joanna Shepherd
Second Judicial District Court Judge, State of Colorado, Emory University - Department of Economics and Emory University School of Law
Downloads 474 (103,797)
Citation 2

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attorney effectiveness, public defender, private attorney, indigent defendants

An Empirical Study of Public Defender Effectiveness: Self-Selection by the 'Marginally Indigent'

Ohio State Journal of Criminal Law, Vol. 3, 2005
Number of pages: 33 Posted: 29 Sep 2011 Last Revised: 29 May 2012
Morris B. Hoffman, Paul H. Rubin and Joanna Shepherd
Second Judicial District Court Judge, State of Colorado, Emory University - Department of Economics and Emory University School of Law
Downloads 291 (179,411)
Citation 1

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attorney effectiveness, public defender, private attorney, indigent defendant

8.

Uncovering the Silent Victims of the American Medical Liability System

Vanderbilt Law Review, Vol. 67, 2014
Number of pages: 44 Posted: 17 Sep 2012 Last Revised: 19 Mar 2013
Joanna Shepherd
Emory University School of Law
Downloads 650 (71,007)
Citation 4

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torts, medical malpractice, access to justice

9.

What Else Matters for Corporate Governance?: The Case of Bank Monitoring

Boston University Law Review, Forthcoming, Emory Law and Economics Research Paper No. 08-35, Emory Public Law Research Paper No. 08-49
Number of pages: 52 Posted: 01 Nov 2008 Last Revised: 19 Jun 2012
Joanna Shepherd, Frederick Tung and Albert Yoon
Emory University School of Law, Boston University School of Law and University of Toronto Faculty of Law
Downloads 627 (74,260)
Citation 1

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corporate governance, corporate governance index, agency costs, entrenchment, bank monitoring, private debt, private lender, bank loan, free cash flow

10.

The Prescription for Rising Drug Prices: Competition or Price Controls?

Health Matrix: Journal of Law-Medicine, Forthcoming, Emory Legal Studies Research Paper No. 16-403
Number of pages: 33 Posted: 08 Mar 2016 Last Revised: 08 Apr 2016
Joanna Shepherd
Emory University School of Law
Downloads 591 (79,914)

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pharmaceuticals, price controls, competition, FDA, biosimilars, drug prices

11.

The Partisan Price of Justice: An Empirical Analysis of Campaign Contributions and Judicial Decisions

Emory Public Law Research Paper No. 10-115, Emory Law and Economics Research Paper No. 10-74, New York University Law Review, Vol. 86, No. 1, 2011
Number of pages: 63 Posted: 28 Jul 2010 Last Revised: 12 Jun 2012
Michael S. Kang and Joanna Shepherd
Northwestern Pritzker School of Law and Emory University School of Law
Downloads 508 (96,477)
Citation 1

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12.

An Empirical Survey of No-Injury Class Actions

Emory Legal Studies Research Paper No. 16-402
Number of pages: 25 Posted: 04 Feb 2016 Last Revised: 08 Apr 2016
Joanna Shepherd
Emory University School of Law
Downloads 472 (105,400)

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class action, damages, attorneys' fees, Spokeo, cy pres, no-injury

13.

The Economics of Capital Punishment

CRIMINAL LAW & ECONOMICS, ENCYCLOPEDIA OF LAW AND ECONOMICS, 2nd Edition, p. 207, Nuno Garoupa, ed., Edward Elgar Publishing, 2009
Number of pages: 13 Posted: 19 Aug 2011
Joanna Shepherd
Emory University School of Law
Downloads 450 (111,495)

Abstract:

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capital punishment

14.

Lawyers, Ignorance, and the Dominance of Delaware Corporate Law

Harvard Business Law Review, Forthcoming, Emory Law and Economics Research Paper No. 11-118, Emory Public Law Research Paper No. 11-171
Number of pages: 31 Posted: 26 Oct 2011 Last Revised: 06 Jun 2012
William J. Carney, George B. Shepherd and Joanna Shepherd
Emory University School of Law, Emory University School of Law and Emory University School of Law
Downloads 445 (112,973)
Citation 1

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Delaware, incorporation, lawyers

15.

Cross-Monitoring and Corporate Governance

Number of pages: 49 Posted: 06 Jul 2006
Joanna Shepherd, Frederick Tung and Albert Yoon
Emory University School of Law, Boston University School of Law and University of Toronto Faculty of Law
Downloads 428 (118,281)
Citation 1

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corporate governance, corporate governance index, agency costs, entrenchment, bank monitoring, bank loan, free cash flow

16.

Measuring Maximizing Judges: Empirical Legal Studies, Public Choice Theory, and Judicial Behavior

University of Illinois Law Review, Vol. 2011, No. 5, 2011, Emory Public Law Research Paper No. 11-164, Emory Law and Economics Research Paper No. 11-110
Number of pages: 15 Posted: 17 Aug 2011 Last Revised: 06 Jun 2012
Joanna Shepherd
Emory University School of Law
Downloads 386 (133,243)
Citation 1

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judicial decision-making, public choice, law and economics

17.

The Influence of Retention Politics on Judges' Voting

Journal of Legal Studies, Vol. 38, No. 1, 2009, Emory Law and Economics Research Paper No. 11-106
Number of pages: 36 Posted: 30 Jun 2007 Last Revised: 29 May 2012
Joanna Shepherd
Emory University School of Law
Downloads 341 (152,565)
Citation 7

Abstract:

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judges, judicial decisionmaking

18.

State Unfair and Deceptive Trade Practices Laws: An Economic and Empirical Analysis

Antitrust Law Journal , Vol. 81, No. 3, 2018, Emory Legal Studies Research Paper No. 17-426, George Mason Law & Economics Research Paper No. 17-02
Number of pages: 34 Posted: 18 Jan 2017 Last Revised: 24 Jan 2018
James C. Cooper and Joanna Shepherd
George Mason University - Antonin Scalia Law School and Emory University School of Law
Downloads 338 (153,985)

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Consumer Protection, CPAs, Deceptive Trade Practices, Federal Trade Commission, Fraud, FTC, Litigation, Unfair Trade Practices

19.

The Imprisonment Puzzle: Understanding How Prison Growth Affects Crime

Criminology and Public Policy, Vol. 5, No. 2, pp. 285-298, 2006, Emory Public Law Research Paper No. 11-167, Emory Law and Economics Research Paper No. 11-115
Number of pages: 16 Posted: 19 Aug 2011 Last Revised: 06 Jun 2012
Joanna Shepherd
Emory University School of Law
Downloads 330 (158,043)
Citation 1

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economics of crime, sentencing reform, war on drugs

20.

U.S. Labor Market Regulation and the Export of Employment: Major League Baseball Replaces U.S. Players with Foreigners

Number of pages: 45 Posted: 17 Sep 2003
Joanna Shepherd and George B. Shepherd
Emory University School of Law and Emory University School of Law
Downloads 313 (167,188)

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labor law, sports economics, labor regulation, racial discrimination

21.

Biologic Drugs, Biosimilars, and Barriers to Entry

Emory Legal Studies Research Paper No. 14-284
Number of pages: 31 Posted: 02 Mar 2014 Last Revised: 12 Nov 2014
Joanna Shepherd
Emory University School of Law
Downloads 308 (170,083)
Citation 2

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biosimilars, biologic, FDA, barriers to entry, biologicals, BPCIA

22.

Economic Conundrums in Search of a Solution: The Functions of Third-Party Litigation Finance

Number of pages: 40 Posted: 05 May 2014
Joanna Shepherd, Judd E. Stone and Judd E. Stone
Emory University School of Law and Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.International Center for Law and Economics
Downloads 304 (172,377)
Citation 1

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third party litigation finance

23.

The Long Shadow of Bush v. Gore: Judicial Partisanship in Election Cases

Stanford Law Review, Vol. 69, 2016, Emory Legal Studies Research Paper No. 16-413
Number of pages: 43 Posted: 30 Apr 2016 Last Revised: 24 Oct 2019
Michael S. Kang and Joanna Shepherd
Northwestern Pritzker School of Law and Emory University School of Law
Downloads 298 (175,972)
Citation 1

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judicial behavior, partisan voting, judicial decisionmaking, election law

24.

The Demographics of Tort Reform

The Review of Law and Economics, Vol. 4, 2008
Number of pages: 31 Posted: 07 Mar 2007 Last Revised: 19 Aug 2011
Joanna Shepherd and Paul H. Rubin
Emory University School of Law and Emory University - Department of Economics
Downloads 297 (176,600)

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tort reform, damages, disparate impact

25.

Blakely's Silver Lining: Sentencing Guidelines, Judicial Discretion, and Crime

Hastings Law Journal, Vol. 58, 2007, Emory Law and Economics Research Paper No. 06-14, Emory Public Law Research Paper No. 06-24
Number of pages: 56 Posted: 29 Sep 2006
Joanna Shepherd
Emory University School of Law
Downloads 270 (194,795)

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Blakely, Booker, sentencing, sentencing guidelines, judicial discretion, violent crime, property crimes

26.

Is More Information Always Better? Mandatory Disclosure Regulations in the Prescription Drug Market

Cornell Law Review Online, Vol. 99, 2013, Emory Legal Studies Research Paper No. 13-245
Number of pages: 24 Posted: 16 Mar 2013 Last Revised: 24 Oct 2019
Joanna Shepherd
Emory University School of Law
Downloads 259 (203,039)

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prescription drug market, pharmacy benefit manager, disclosure, transparency

27.

Combatting the Prescription Painkiller Epidemic: A National Prescription Drug Reporting Program

American Journal of Law and Medicine, Vol. 40, No. 1, Forthcoming, Emory Legal Studies Research Paper No. 13-246
Number of pages: 36 Posted: 27 May 2013 Last Revised: 03 Jul 2013
Joanna Shepherd
Emory University School of Law
Downloads 249 (211,084)

Abstract:

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drug abuse, prescription drug monitoring program, pharmacy benefit manager

28.

Tort Reforms’ Winners and Losers: The Competing Effects of Care and Activity Levels

UCLA Law Review, Vol. 55, p. 905, 2008, Emory Law and Economics Research Paper No. 11-108
Number of pages: 74 Posted: 17 Aug 2011 Last Revised: 29 May 2012
Joanna Shepherd
Emory University School of Law
Downloads 248 (211,861)

Abstract:

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tort reform, tort law, medical malpractice, law and economics

29.

The Partisan Foundations of Judicial Campaign Finance

Southern California Law Review, Vol. 86, No. 1239, 2013
Number of pages: 70 Posted: 15 Aug 2012 Last Revised: 19 Nov 2015
Michael S. Kang and Joanna Shepherd
Northwestern Pritzker School of Law and Emory University School of Law
Downloads 236 (222,436)

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judicial elections, campaign finance

30.

Baseball’s Accidental Racism: The Draft, African-American Players, and the Law

Connecticut Law Review, Vol. 44, No. 1, November 2011, Emory Law and Economics Research Paper No. 11-117, Emory Public Law Research Paper No. 11-170
Number of pages: 63 Posted: 26 Oct 2011 Last Revised: 06 Jun 2012
George B. Shepherd and Joanna Shepherd
Emory University School of Law and Emory University School of Law
Downloads 218 (239,875)

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baseball, discrimination, labor regulation

31.

The Fox Guarding the Henhouse: The Regulation of Pharmacy Benefit Managers by a Market Adversary

Northwestern Journal of Law and Social Policy, 2013, Emory Legal Studies Research Paper No. 13-244
Number of pages: 28 Posted: 08 Mar 2013 Last Revised: 03 Jul 2013
Joanna Shepherd
Emory University School of Law
Downloads 214 (244,128)
Citation 1

Abstract:

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prescription drug market, competition, pharmacy benefit managers

32.

Money, Politics, and Impartial Justice

Duke Law Journal, Vol. 58, p. 623, 2009
Number of pages: 63 Posted: 17 Aug 2011
Joanna Shepherd
Emory University School of Law
Downloads 175 (292,247)

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judicial elections, campaign finance, law and economics

33.

Sentencing Guidelines, Tis Legislation, and Bargaining Power

Number of pages: 35 Posted: 02 Jul 2006
Dhammika Dharmapala, Nuno Garoupa and Joanna Shepherd
UC Berkeley School of Law, George Mason University - Antonin Scalia Law School and Emory University School of Law
Downloads 143 (345,988)
Citation 4

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criminal law, judges, sentencing guidelines

34.

Deterring Innovation: NY v. Actavis and the Duty to Subsidize Competitors’ Market Entry

Minnesota Journal of Law, Science & Technology, Forthcoming, Emory Legal Studies Research Paper No. 15-374
Number of pages: 32 Posted: 07 Oct 2015 Last Revised: 19 Dec 2015
Joanna Shepherd
Emory University School of Law
Downloads 131 (370,239)

Abstract:

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35.

Disrupting the Balance: The Conflict between Hatch-Waxman and Inter Partes Review

NYU Journal of Intellectual Property & Entertainment Law, Forthcoming, Emory Legal Studies Research Paper No. 16-419
Number of pages: 32 Posted: 14 Sep 2016
Joanna Shepherd
Emory University School of Law
Downloads 120 (395,466)

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Hatch-Waxman, pharmaceutical industry, Inter Partes Review, innovation, patents

36.

Selective Contracting in Prescription Drugs: The Benefits of Pharmacy Networks

Minnesota Journal of Law, Science & Technology, Forthcoming, Emory Legal Studies Research Paper No. 13-260
Number of pages: 23 Posted: 30 Sep 2013 Last Revised: 26 Feb 2014
Joanna Shepherd
Emory University School of Law
Downloads 120 (395,466)

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selective contracting, pharmacy networks, access to care

37.

Judging Judicial Elections

Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections, 2015, Michigan Law Review, Vol. 114, No. 929, 2016, Emory Legal Studies Research Paper No. 16-408
Number of pages: 22 Posted: 05 May 2016
Michael S. Kang and Joanna Shepherd
Northwestern Pritzker School of Law and Emory University School of Law
Downloads 113 (413,132)

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Judicial Elections, Judges, Judicial Behavior, Attack Advertising, Campaign Finance, Criminal Law, Sentencing

38.

Legislatures, Judges, and Parole Boards: The Allocation of Discretion Under Determinate Sentencing

Florida Law Review, Vol. 62, 2010
Number of pages: 54 Posted: 18 Aug 2011
Dhammika Dharmapala, Nuno Garoupa and Joanna Shepherd
UC Berkeley School of Law, George Mason University - Antonin Scalia Law School and Emory University School of Law
Downloads 103 (441,614)
Citation 1

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sentencing reform, determinate sentencing, sentencing guidelines, political economy

39.

Are Appointed Judges Strategic Too?

Duke Law Journal, Vol. 58, 2009, Emory Public Law Research Paper No. 11-163, Emory Law and Economics Research Paper No. 11-109
Number of pages: 39 Posted: 17 Aug 2011 Last Revised: 06 Jun 2012
Joanna Shepherd
Emory University School of Law
Downloads 99 (453,763)
Citation 2

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judicial elections, judicial independence, law and economics

40.

Judging Law in Election Cases

70 Vanderbilt Law Review 1755 (2017), Emory Legal Studies Research Paper
Number of pages: 25 Posted: 13 Dec 2017
Michael S. Kang and Joanna Shepherd
Northwestern Pritzker School of Law and Emory University School of Law
Downloads 81 (514,438)

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Judicial Elections, Election Administration, Judicial Decisionmaking, Election Law, Partisanship

41.

Regulatory Gaps in Drug Compounding: Implications for Patient Safety, Innovation, and Fraud

DePaul Law Review, Forthcoming, Emory Legal Studies Research Paper
Number of pages: 17 Posted: 05 Jun 2018
Joanna Shepherd
Emory University School of Law
Downloads 76 (534,093)

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pharmaceutical, drugs, compounding, anticompetitive, patient safety, regulation

42.

Diversity, Tenure, and Dissent

Legal Workshop; Duke Law Journal, 2010, Emory Law and Economics Research Paper No. 11-111
Number of pages: 10 Posted: 19 Aug 2011 Last Revised: 29 May 2012
Joanna Shepherd
Emory University School of Law
Downloads 75 (538,174)

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judicial decision-making, dissent, diversity

43.

The Politics of Judicial Opposition

Journal of Institutional and Theoretical Economics, Vol 166, p. 88, 2010, Emory Public Law Research Paper No. 11-165, Emory Law and Economics Research Paper No. 11-112
Number of pages: 21 Posted: 19 Aug 2011 Last Revised: 06 Jun 2012
Joanna Shepherd
Emory University School of Law
Downloads 58 (615,209)
Citation 1

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judicial decision-making, dissent

44.

Filibuster Change and Judicial Appointments

Journal of Empirical Legal Studies (vol. 17, no. 4, pp. 646-695, 2020), Emory Legal Studies Research Paper No. 21-4
Number of pages: 68 Posted: 27 Aug 2020 Last Revised: 29 Jun 2021
Jonathan Remy Nash and Joanna Shepherd
Emory University School of Law and Emory University School of Law
Downloads 39 (727,673)

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courts and judges, judicial behavior, judicial politics, filibuster reform, empirical legal studies

45.

Predicting Litigation Outcomes

Posted: 11 Oct 2011
Joanna Shepherd
Emory University School of Law

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Trial outcomes, litigation model, litigation strategy

46.

Police, Prosecutors, Criminals, and Determinate Sentencing: The Truth About Truth-in-Sentencing Laws

Posted: 10 May 2002
Joanna Shepherd
Emory University School of Law

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47.

Fear of the First Strike: The Full Deterrent Effect of California's Two- and Three-Strikes Legislation

Journal of Legal Studies, Vol. 31, No. 1, Part 1
Posted: 13 Mar 2002
Joanna Shepherd
Emory University School of Law

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