Donald Braman

George Washington University - Law School

Associate Professor

2000 H Street, N.W.

Washington, DC 20052

United States

Justice Innovation Lab

SCHOLARLY PAPERS

44

DOWNLOADS
Rank 393

SSRN RANKINGS

Top 393

in Total Papers Downloads

86,675

TOTAL CITATIONS
Rank 4,249

SSRN RANKINGS

Top 4,249

in Total Papers Citations

375

Ideas:
“  Helping prosecutors build values-driven, evidence-based systems to protect their communities.  ”

Scholarly Papers (44)

1.

Cultural Cognition of Scientific Consensus

Journal of Risk Research, Vol. 14, pp. 147-74, 2011, Yale Law School, Public Law Working Paper No. 205
Number of pages: 40 Posted: 08 Feb 2010 Last Revised: 16 Apr 2013
Dan M. Kahan, Hank Jenkins-Smith and Donald Braman
Yale Law School, University of Oklahoma and George Washington University - Law School
Downloads 15,857 (534)
Citation 63

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Cultural Cognition, Climate Change, Gun Control, Nuclear Power, Risk, Public Opinion

2.

The Tragedy of the Risk-Perception Commons: Culture Conflict, Rationality Conflict, and Climate Change

Temple University Legal Studies Research Paper No. 2011-26, Cultural Cognition Project Working Paper No. 89, Yale Law & Economics Research Paper No. 435, Yale Law School, Public Law Working Paper No. 230
Number of pages: 31 Posted: 24 Jun 2011 Last Revised: 16 Apr 2013
Yale Law School, Fordham University School of Law, Ohio State University - Psychology Department, Decision Research, Stanford Law School, George Washington University - Law School and Temple University - James E. Beasley School of Law
Downloads 13,303 (713)
Citation 32

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3.

Cultural Cognition and Public Policy

Yale Law & Policy Review, Vol. 24, p. 147, 2006, Yale Law School, Public Law Working Paper No. 87
Number of pages: 24 Posted: 02 Aug 2005
Dan M. Kahan and Donald Braman
Yale Law School and George Washington University - Law School
Downloads 5,513 (3,233)
Citation 2

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cultural cognition, death penalty, gun control, abortion

4.

The Second National Risk and Culture Study: Making Sense of - and Making Progress In - The American Culture War of Fact

GWU Legal Studies Research Paper No. 370, Yale Law School, Public Law Working Paper No. 154, GWU Law School Public Law Research Paper No. 370, Harvard Law School Program on Risk Regulation Research Paper No. 08-26
Number of pages: 23 Posted: 26 Sep 2007 Last Revised: 16 Apr 2013
Yale Law School, George Washington University - Law School, Decision Research, Pennsylvania State University and University of Colorado - Department of Psychology
Downloads 5,451 (3,309)
Citation 39

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cultural cognition, risk perception, risk regulation, nuclear power, global warming, terrorism, gun control, school shootings, HPV, nanotechnology

5.

Culture and Identity-Protective Cognition: Explaining the White Male Effect in Risk Perception

Journal of Empirical Legal Studies, Vol. 4, No. 3, pp. 465-505, November 2007, Yale Law School, Public Law Working Paper No. 152
Number of pages: 48 Posted: 28 Jun 2007 Last Revised: 16 Apr 2013
Yale Law School, George Washington University - Law School, Pennsylvania State University, Decision Research and Decision Research
Downloads 4,833 (4,073)
Citation 5

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white male effect, risk, risk perception, cultural cognition

6.

The Polarizing Impact of Science Literacy and Numeracy on Perceived Climate Change Risks

Nature Climate Change, Vol. 2, pp. 732-735, 2012, Temple University Legal Studies Research Paper No. 2013-04, Yale Law & Economics Research Paper No. 464, Yale Law School, Public Law Working Paper No. 278
Number of pages: 31 Posted: 23 Dec 2012 Last Revised: 16 Apr 2013
Yale Law School, Ohio State University - Psychology Department, Fordham University School of Law, Decision Research, Stanford Law School, George Washington University - Law School and Temple University - James E. Beasley School of Law
Downloads 4,533 (4,546)
Citation 46

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climate change, cultural cognition, heuristics, science literacy

7.

Climate Homicide: Prosecuting Big Oil For Climate Deaths

Harvard Environmental Law Review, Vol. 48, No. 1, 2024
Number of pages: 71 Posted: 25 Jan 2023 Last Revised: 18 Jun 2024
David Arkush and Donald Braman
Public Citizen and George Washington University - Law School
Downloads 4,338 (4,877)
Citation 2

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climate change, homicide, criminal law, prosecution, accountability, causation, fossil fuels, big oil, negligent homicide, manslaughter, murder, felony murder, misdemeanor manslaughter, fraud, RICO, racketeering, conspiracy, prosecutors, public benefit corporation, environmental crime

8.

Who Fears the HPV Vaccine, Who Doesn't, and Why? An Experimental Study of the Mechanisms of Cultural Cognition

Law and Human Behavior, Vol. 34, pp. 501-16, 2010, Cultural Cognition Project Working Paper No. 38, Harvard Law School Program on Risk Regulation Research Paper No. 08-19, Yale Law School, Public Law Working Paper No. 163
Number of pages: 49 Posted: 17 Jul 2008 Last Revised: 16 Apr 2013
Yale Law School, George Washington University - Law School, University of Colorado - Department of Psychology, Decision Research and Pennsylvania State University
Downloads 2,635 (10,881)
Citation 9

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9.

Whose Eyes are You Going to Believe? Scott v. Harris and the Perils of Cognitive Illiberalism

Harvard Law Review, Vol. 122, 2009, Harvard Law School Program on Risk Regulation Research Paper No. 08-18, Yale Law School, Public Law Working Paper No. 159, 3rd Annual Conference on Empirical Legal Studies Papers
Number of pages: 67 Posted: 25 Mar 2008 Last Revised: 16 Apr 2013
Dan M. Kahan, David A. Hoffman and Donald Braman
Yale Law School, University of Pennsylvania Carey Law School and George Washington University - Law School
Downloads 2,601 (11,127)

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cultural cognition, risk perception, Fourth Amendment, jury

10.

More Statistics, Less Persuasion: A Cultural Theory of Gun-Risk Perceptions

University of Pennsylvania Law Review, Vol. 151, 2003, Yale Law School, Public Law Research Paper No. 05
Number of pages: 38 Posted: 05 Oct 2001 Last Revised: 16 Apr 2013
Donald Braman and Dan M. Kahan
George Washington University - Law School and Yale Law School
Downloads 2,498 (11,847)
Citation 8

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11.

Fear of Democracy: A Cultural Evaluation of Sunstein on Risk

Harvard Law Review, Vol. 119, 2006, Yale Law School, Public Law Working Paper No. 100, Yale Law & Economics Research Paper No. 317
Number of pages: 52 Posted: 12 Sep 2005
Dan M. Kahan, Paul Slovic, Donald Braman and John Gastil
Yale Law School, Decision Research, George Washington University - Law School and Pennsylvania State University
Downloads 2,451 (12,192)
Citation 3

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12.

Geoengineering and Climate Change Polarization: Testing a Two-channel Model of Science Communication

Annals of American Academy of Political & Social Sci., 658, 193-222 (2015), doi: 10.1177/0002716214559002
Number of pages: 41 Posted: 09 Jan 2012 Last Revised: 12 Feb 2015
Yale Law School, University of Oklahoma - Department of Political Science, Yale Law School, University of Oklahoma - Main - Department of Political Science and George Washington University - Law School
Downloads 2,427 (12,396)
Citation 24

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climate change, geoengineering, cultural cognition, risk perception

13.

Gender, Race, and Risk Perception: The Influence of Cultural Status Anxiety

1st Annual Conference on Empirical Legal Studies Paper
Number of pages: 60 Posted: 16 May 2005
Yale Law School, George Washington University - Law School, Pennsylvania State University, Decision Research and Decision Research
Downloads 2,392 (12,704)
Citation 22

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14.

‘They Saw a Protest’: Cognitive Illiberalism and the Speech-Conduct Distinction

Cultural Cognition Project Working Paper No. 63, Stanford Law Review, Vol. 64, 2012, Temple University Legal Studies Research Paper No. 2011-17
Number of pages: 52 Posted: 09 Feb 2011 Last Revised: 16 Apr 2013
Yale Law School, University of Pennsylvania Carey Law School, George Washington University - Law School, Seattle University School of Law and Cornell Law School
Downloads 2,249 (14,031)
Citation 15

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15.

Overcoming the Fear of Guns, the Fear of Gun Control, and the Fear of Cultural Politics: Constructing a Better Gun Debate

Emory Law Journal, Vol. 55, 2006, GWU Legal Studies Research Paper No. 2012-58, GWU Law School Public Law Research Paper No. 2012-58
Number of pages: 41 Posted: 11 Jul 2012 Last Revised: 16 Apr 2013
Donald Braman and Dan M. Kahan
George Washington University - Law School and Yale Law School
Downloads 1,967 (17,373)
Citation 2

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gun control, gun debate, cultural politics, firearms, pro-control, anti-control, guns, public safety, cultural theory of risk, risk perception, statistical arguments, cultural worldview, American society, partisan values, cultural identity, cultural conflict, culturally pluralistic

16.

Affect, Values, and Nanotechnology Risk Perceptions: An Experimental Investigation

GWU Legal Studies Research Paper No. 261, Yale Law School, Public Law Working Paper No. 155, GWU Law School Public Law Research Paper No. 261, 2nd Annual Conference on Empirical Legal Studies Paper
Number of pages: 41 Posted: 07 Mar 2007 Last Revised: 17 Jul 2014
Yale Law School, Decision Research, George Washington University - Law School, Pennsylvania State University and University of Colorado - Department of Psychology
Downloads 1,955 (17,555)
Citation 43

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risk, norms, cultural cognition, emotion, nanotechnology

17.

The 'Wildavsky Heuristic': The Cultural Orientation of Mass Political Opinion

Yale Law School, Public Law Working Paper No. 107
Number of pages: 46 Posted: 28 Oct 2005
John Gastil, Donald Braman, Dan M. Kahan and Paul Slovic
Pennsylvania State University, George Washington University - Law School, Yale Law School and Decision Research
Downloads 1,421 (28,611)
Citation 6

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Heuristics, gun control, capital punishment, politics

18.

Risk and Culture: Is Synthetic Biology Different?

Harvard Law School Program on Risk Regulation Research Paper No. 09-2, Yale Law School, Public Law Working Paper No. 190
Number of pages: 16 Posted: 21 Feb 2009 Last Revised: 17 Feb 2014
Dan M. Kahan, Donald Braman and Gregory N. Mandel
Yale Law School, George Washington University - Law School and Temple University - James E. Beasley School of Law
Downloads 1,269 (33,802)
Citation 5

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cultural cognition, risk perception, synthetic biology

19.

Cultural Cognition of the Risks and Benefits of Nanotechnology

Nature Nanotechnology, Vol. 4, No. 2, pp. 87-91, 2009, Yale Law School, Public Law Working
Number of pages: 19 Posted: 08 Dec 2009
Yale Law School, George Washington University - Law School, Decision Research, Pennsylvania State University and affiliation not provided to SSRN
Downloads 1,209 (36,196)
Citation 6

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cultural cognition, nanotechnology, risk perception, biased assimilation, polarization

20.

The Self-Defensive Cognition of Self-Defense

American Criminal Law Review, Vol. 45, No. 1, pp. 1-65, 2008, Yale Law School, Public Law Working Paper No. 142, GWU Legal Studies Research Paper No. 364, GWU Law School Public Law Research Paper No. 364
Number of pages: 80 Posted: 08 Sep 2007 Last Revised: 16 Apr 2013
Dan M. Kahan and Donald Braman
Yale Law School and George Washington University - Law School
Downloads 1,181 (37,442)

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cultural cognition, self-defense, battered woman, identity-protective cognition

21.

Biased Assimilation, Polarization, and Cultural Credibility: An Experimental Study of Nanotechnology Risk Perceptions

Harvard Law School Program on Risk Regulation Research Paper No. 08-25
Number of pages: 23 Posted: 05 Feb 2008
Yale Law School, Decision Research, George Washington University - Law School, Pennsylvania State University, University of Colorado - Department of Psychology and Yale University - Law School
Downloads 963 (50,163)
Citation 17

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nanotechnology, cultural cognition, risk perception, cultural credibility heuristic, polarization, biased assimilation

22.

Modeling Cultural Cognition

Social Justice Research, Vol. 18, No. 3, September 2005, GWU Legal Studies Research Paper No. 295, GWU Law School Public Law Research Paper No. 295
Number of pages: 30 Posted: 20 Jul 2007 Last Revised: 06 Aug 2024
George Washington University - Law School, Cornell Law SchoolCornell Tech and Yale Law School
Downloads 797 (64,920)

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cognition, psychological and social mechanisms, cultural cognition, empirical

23.

The Future of Nanotechnology Risk Perceptions: An Experimental Investigation of Two Hypotheses

Harvard Law School Program on Risk Regulation Research Paper No. 08-24
Number of pages: 29 Posted: 06 Feb 2008
Yale Law School, George Washington University - Law School, Decision Research, Pennsylvania State University and University of Colorado - Department of Psychology
Downloads 763 (68,791)
Citation 6

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nanotechnology, cultural cognition, risk perception

24.

Some Realism About Punishment Naturalism

University of Chicago Law Review, Vol. 77, 2010, CELS 2009 4th Annual Conference on Empirical Legal Studies Paper
Number of pages: 79 Posted: 07 Aug 2009 Last Revised: 31 Jan 2023
Donald Braman, Dan M. Kahan and David A. Hoffman
George Washington University - Law School, Yale Law School and University of Pennsylvania Carey Law School
Downloads 682 (79,501)

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25.

Cultural Cognition and Synthetic Biology Risk Perceptions: A Preliminary Analysis

Cultural Cognition Project at Yale Law School , GWU Legal Studies Research Paper No. 446, GWU Law School Public Law Research Paper No. 446, Temple University Legal Studies Research Paper No. 2008-78, Yale Law & Economics Research Paper No. 364
Number of pages: 17 Posted: 10 Sep 2008 Last Revised: 24 Feb 2009
Gregory N. Mandel, Donald Braman and Dan M. Kahan
Temple University - James E. Beasley School of Law, George Washington University - Law School and Yale Law School
Downloads 520 (111,995)
Citation 2

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26.

Beyond the Gun Fight: The Aftermath of the Virginia Tech Massacre

GWU Law School Public Law Research Paper No. 280, GWU Legal Studies Research Paper No. 280, Legal Times, April 30, 2007
Number of pages: 6 Posted: 13 Jun 2007
Donald Braman and Dan M. Kahan
George Washington University - Law School and Yale Law School
Downloads 402 (152,016)

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27.

Judicial Backlash or Just Backlash? Evidence from a National Experiment

Columbia Law Review, Vol. 112, 2012
Number of pages: 69 Posted: 12 Oct 2011 Last Revised: 22 May 2012
David Fontana and Donald Braman
George Washington University - Law School and George Washington University - Law School
Downloads 388 (158,095)
Citation 2

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28.

Cultural Cognition and Public Policy: The Case of Outpatient Commitment Laws

Law and Human Behavior, Forthcoming, Cultural Cognition Project Working Paper No. 47, Harvard Law School Program on Risk Regulation Research Paper No. 08-21
Number of pages: 51 Posted: 29 Jul 2008 Last Revised: 16 Apr 2013
Yale Law School, George Washington University - Law School, University of Virginia School of Law, affiliation not provided to SSRN and Ohio State University - Psychology Department
Downloads 349 (177,729)
Citation 14

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cultural cognition, outpatient commitment

29.

Punishment and Accountability: Understanding and Reforming Criminal Sanctions in America

UCLA Law Review, Vol. 53, p. 1143, 2006, GWU Law School Public Law Research Paper No. 265, GWU Legal Studies Research Paper No. 265
Number of pages: 79 Posted: 01 May 2007
Donald Braman
George Washington University - Law School
Downloads 303 (206,931)

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30.

A Core of Agreement

University of Chicago Law Review, Vol. 77, p. 1655, 2010
Number of pages: 6 Posted: 25 Apr 2010 Last Revised: 16 Apr 2013
Donald Braman, Dan M. Kahan and David A. Hoffman
George Washington University - Law School, Yale Law School and University of Pennsylvania Carey Law School
Downloads 202 (309,054)

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31.

Legal Realism as Psychological and Cultural (Not Political) Realism

HOW LAW KNOWS, Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey, eds.
Number of pages: 32 Posted: 11 Nov 2009
Donald Braman and Dan M. Kahan
George Washington University - Law School and Yale Law School
Downloads 184 (336,686)

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legal realism, cultural cognition, jury decision-making, judicial bias

32.

Ending Polarization: The Good News About the Culture Wars

Boston Review
Number of pages: 6 Posted: 31 Mar 2016
John Gastil, Dan M. Kahan and Donald Braman
Pennsylvania State University, Yale Law School and George Washington University - Law School
Downloads 153 (395,148)

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polarization, ending polarization, culture wars, cultural affinity, deliberative outcomes

33.

The Cultural Orientation of Mass Political Opinion

Political Science & Politics, vol. 44, iss. 4, pp. 711–714.
Number of pages: 4 Posted: 14 Apr 2016
John Gastil, Donald Braman, Dan M. Kahan and Paul Slovic
Pennsylvania State University, George Washington University - Law School, Yale Law School and Decision Research
Downloads 142 (419,629)

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public opinion, cultural cognition

34.

Caught in the Crossfire: A Defense of the Cultural Theory of Gun-Risk Perceptions

University of Pennsylvania Law Review, Vol. 151, 2003, GWU Legal Studies Research Paper No. 2012-59, GWU Law School Public Law Research Paper No. 2012-59, Yale Law School, Public Law Working Paper
Number of pages: 23 Posted: 11 Jul 2012 Last Revised: 16 Apr 2013
Donald Braman and Dan M. Kahan
George Washington University - Law School and Yale Law School
Downloads 139 (426,753)

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culture, gun control, gun debate, risk perception, cultural risk perception, regression model, risk-information, empirical, irrational-weigher, rational-weighter, cultural-evaluator model, cognitive biases, cultural theory, risk perception

35.

Criminal Law and the Pursuit of Equality

Texas Law Review, Vol. 84, No. 7, 2006
Number of pages: 37 Posted: 30 Jul 2008
Donald Braman
George Washington University - Law School
Downloads 135 (436,693)
Citation 1

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criminal law, criminal procedure, equal protection, juries, second reconstruction

36.

Families and the Moral Economy of Incarceration

CRIMINAL JUSTICE, Judah & Bryant, eds., 2004
Number of pages: 23 Posted: 10 Aug 2009
Donald Braman
George Washington University - Law School
Downloads 108 (517,740)
Citation 1

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criminal law, incarceration, family life, urban ethnography

37.

Deliberation Across the Cultural Divide: Assessing the Potential for Reconciling Conflicting Cultural Orientations to Reproductive Technology

George Washington Law Review, Vol. 76, pp. 1772-1797
Number of pages: 28 Posted: 31 Mar 2016
John Gastil, Justin Reedy, Donald Braman and Dan M. Kahan
Pennsylvania State University, University of Washington, George Washington University - Law School and Yale Law School
Downloads 88 (592,763)

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deliberation, cultural divide, cultural easing, deliberative easing, deliberative impacts, deliberation theory

38.

A Method to Rank Criminal Charges by Statutory Exposure

Number of pages: 11 Posted: 27 Jul 2023
Justice Innovation Lab, Justice Innovation Lab, Justice Innovation Lab and George Washington University - Law School
Downloads 66 (693,881)

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criminal justice, criminal legal system, methods

39.

Prosecutors in the Passing Lane: Racial Disparities, Public Safety, and Prosecutorial Declinations of Pretextual Stops

Number of pages: 50 Posted: 20 Aug 2024
George Washington University - Law School, Justice Innovation Lab, Justice Innovation Lab, Justice Innovation Lab, Justice Innovation Lab, Justice innovation lab, Justice Innovation Lab, Justice Innovation Lab and Justice Innovation Lab
Downloads 60 (727,036)

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criminal procedure, pretextual stops, policing, crime, firearms, criminal justice reform, racial disparities, evaluation

40.

Charging Big Oil with Climate Homicide - Preliminary Prosecution Memo for July 2023 Heat Wave

Published by Public Citizen, 2024, Indiana Legal Studies Research Paper Forthcoming
Number of pages: 51 Posted: 26 Jul 2024
Public Citizen, Indiana University Maurer School of Law, Public Citizen and George Washington University - Law School
Downloads 53 (770,257)

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climate, accountability, fossil fuels, big oil, homicide, prosecution, extreme heat

41.

Causing or Risking Climate Catastrophe

GWU Legal Studies Research Paper No. 2024-65, GWU Law School Public Law Research Paper No. 2024-65, NYU Environmental Law Journal 2025
Number of pages: 26 Posted: 17 Dec 2024 Last Revised: 12 Feb 2025
Donald Braman, Aaron Regunberg and David Arkush
George Washington University - Law School, Public Citizen and Public Citizen
Downloads 41 (857,445)

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climate change, criminal law, prosecution, reckless

42.

From One Generation to the Next: How Criminal Sanctions Are Reshaping Family Life in Urban America

Number of pages: 32 Posted: 14 Sep 2024
Donald Braman
George Washington University - Law School
Downloads 40 (865,723)

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incarceration, children, families, collateral consequences, criminal law, anthropology, psychology

43.

Families and Incarceration

Number of pages: 23 Posted: 21 Oct 2024
Donald Braman
George Washington University - Law School
Downloads 14 (1,141,526)

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criminal law, families, incarceration, anthropology, ethnography, collateral consequences, family structure, family life

44.

Of Race and Immutability

UCLA Law Review, Vol. 46, p. 1375, 1999
Posted: 30 Aug 2005 Last Revised: 31 Jan 2023
Donald Braman
George Washington University - Law School

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race, immutability, equal protection doctrine, sexual orientation, antidiscrimination