Carissa Byrne Hessick

University of North Carolina School of Law

Ransdell Distinguished Professor

Van Hecke-Wettach Hall, 160 Ridge Road

CB #3380

Chapel Hill, NC 27599-3380

United States

SCHOLARLY PAPERS

49

DOWNLOADS
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15,981

SSRN CITATIONS
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Top 38,587

in Total Papers Citations

7

CROSSREF CITATIONS

13

Scholarly Papers (49)

1.

A Legal Labyrinth: Issues Raised by Arizona Senate Bill 1070

Georgetown Immigration Law Journal, Vol. 25, p. 47, 2010, Arizona Legal Studies Discussion Paper No. 10-24
Number of pages: 47 Posted: 29 May 2010 Last Revised: 11 Apr 2011
University of California, Davis - School of Law, University of North Carolina School of Law, University of Arizona College of Law and University of Arizona College of Law
Downloads 5,047 (2,048)

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SB 1070, Arizona, Immigration, Undocumented, Illegal Alien, Federalism, Arizona, Crimmigration, Preemption

2.

Disentangling Child Pornography from Child Sex Abuse

Washington University Law Review, Vol. 88, 2010, University of Utah College of Law Research Paper No. 34
Number of pages: 52 Posted: 28 Mar 2010 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 1,590 (14,171)

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child pornography, criminal sentencing, punishment, child sex abuse, child molestation

3.

Motive's Role in Criminal Punishment

Southern California Law Review, Vol. 80, 2006
Number of pages: 69 Posted: 03 Aug 2006
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 790 (39,501)
Citation 1

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motive, criminal law, punishment, sentencing

4.

Towards a Series of Academic Norms for #Lawprof Twitter

Marquette Law Review, Vol. 101, 2018, Forthcoming, UNC Legal Studies Research Paper
Number of pages: 22 Posted: 05 Jan 2018 Last Revised: 24 Mar 2018
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 660 (50,267)

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law professors, academic norms, Twitter

5.

The Myth of Common Law Crimes

Virginia Law Review, 2019 Vol. 105, No. (Forthcoming), UNC Legal Studies Research Paper
Number of pages: 56 Posted: 16 Mar 2018
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 628 (53,715)
Citation 1

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criminal law, conventional wisdom, separation of powers, due process, democratic accountability

6.

Race and Gender as Explicit Sentencing Factors

Journal of Gender, Race and Justice, Vol. 13, 2010
Number of pages: 13 Posted: 12 Feb 2010
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 429 (85,857)

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sentencing, criminal justice, criminal law, race, gender, discrimination

7.

Recognizing Constitutional Rights at Sentencing

California Law Review, Forthcoming
Number of pages: 50 Posted: 03 Mar 2010
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 385 (97,361)

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Sentencing, Constitutional Law, Criminal Law, Sentencing Factors

8.

Double Jeopardy as a Limit on Punishment

Cornell Law Review, Vol. 97, No. 3, 2012
Number of pages: 43 Posted: 07 Mar 2011
Carissa Byrne Hessick and F. Andrew Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 377 (99,697)

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double jeopardy, recidivism, sentencing, Fifth Amendment, Eighth Amendment

9.

Towards a Theory of Mitigation

Boston University Law Review, Vol. 96, 2016, Forthcoming, Ohio State Public Law Working Paper No. 297, University of Utah College of Law Research Paper No.118
Number of pages: 56 Posted: 14 May 2015 Last Revised: 22 Sep 2015
Carissa Byrne Hessick and Douglas A. Berman
University of North Carolina School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 355 (106,697)
Citation 1

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sentencing, criminal law, punishment, mitigation

10.

Corpus Linguistics and the Criminal Law

Brigham Young University Law Review, No. 4, 2018, Forthcoming, UNC Legal Studies Research Paper
Number of pages: 26 Posted: 07 Sep 2017 Last Revised: 22 Dec 2017
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 337 (113,047)
Citation 1

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criminal law, statutory interpretaion, textualism, notice, accountability, corpus linguistics

11.

Johnson v. United States and the Future of the Void-for-Vagueness Doctrine

NYU Journal of Law & Liberty, Vol. 10, No. 2015, Forthcoming, University of Utah College of Law Research Paper No. 131
Number of pages: 9 Posted: 21 Sep 2015 Last Revised: 22 Sep 2015
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 315 (121,662)

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vagueness, Due Process, Supreme Court

12.

Why are Only Bad Acts Good Sentencing Factors?

Boston University Law Review, Vol. 88, 2008, University of Utah College of Law Research Paper No. 38
Number of pages: 69 Posted: 10 Jun 2008 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 260 (148,501)

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punishment, sentencing, recidivism, good works, veterans, mitigation, aggravation

13.

The Expansion of Child Pornography Law

21 New Criminal Law Review, Forthcoming , UNC Legal Studies Research Paper
Number of pages: 16 Posted: 21 Apr 2018
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 249 (155,094)

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Child Pornography, Criminal Law, First Amendment, Texas, New Jersey

14.

Violence between Lovers, Strangers, and Friends

Washington University Law Review, Vol. 85, 2007, University of Utah College of Law Research Paper No. 37
Number of pages: 76 Posted: 08 May 2007 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 234 (164,676)

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stranger, violence, criminal law, punishment, fear of crime

15.

The Prosecutors and Politics Project: Study of Campaign Contributions in Prosecutorial Elections

UNC Legal Studies Research Paper
Number of pages: 159 Posted: 18 Jul 2018 Last Revised: 09 Jun 2019
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 231 (166,659)

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campaign finance, prosecutors, elections, criminal justice

16.

Constraining Criminal Laws

Minnesota Law Review, Vol. 106, No. 2022 Forthcoming, UNC Legal Studies Research Paper
Number of pages: 71 Posted: 28 Apr 2021
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 226 (170,267)

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criminal law, statutory interpretation, textualism, purposivism, lenity, separation of powers, legal history

17.

The Limits of Child Pornography

Indiana Law Journal, Vol. 89, 2014, University of Utah College of Law Research Paper No. 33
Number of pages: 52 Posted: 24 Mar 2013 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 224 (171,704)

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Child Pornography, Criminal Law, Criminal Punishment, First Amendment, Sex Offenders

18.

Child Pornography Sentencing in the Sixth Circuit

University of Dayton Law Review, Vol. 41, 2016, Forthcoming, University of Utah College of Law Research Paper No. 150
Number of pages: 33 Posted: 24 Dec 2015 Last Revised: 02 Mar 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 219 (175,451)

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child pornography, sentencing, Sixth Amendment, Sixth Circuit, appellate review

19.

Nondelegation and Criminal Law

Virginia Law Review, Vol. 107, 2020 Forthcoming, UNC Legal Studies Research Paper
Number of pages: 60 Posted: 16 Apr 2020
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 212 (180,867)

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Administrative Law, Criminal Law, Delegation, Nondelegation, Article I, agencies, Supreme Court

20.

Introduction: Refining Child Pornography Law: Crime, Language, and Social Consequences

Refining Child Pornography Law: Crime, Language, and Social Consequences (Michigan Univ. Press 2016), UNC Legal Studies Research Paper No. 2802651
Number of pages: 22 Posted: 02 Jul 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 202 (189,170)

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child pornography, child sex abuse, First Amendment, criminal law, criminal sentencing

21.

Sixth Amendment Sentencing after Hurst

UCLA Law Review, Vol. 66, 2018 Forthcoming, UNC Legal Studies Research Paper
Number of pages: 69 Posted: 07 Mar 2018
Carissa Byrne Hessick and William W. Berry
University of North Carolina School of Law and University of Mississippi School of Law
Downloads 193 (197,101)

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jury trial, sentencing, Sixth Amendment, Apprendi, Supreme Court

22.

Civilizing Criminal Settlements

97 B.U. L. Rev. 1607 (2017), UNC Legal Studies Research Paper
Number of pages: 54 Posted: 31 Mar 2017 Last Revised: 23 Oct 2017
Russell M. Gold, Carissa Byrne Hessick and F. Andrew Hessick
University of Alabama School of Law, University of North Carolina School of Law and University of North Carolina School of Law
Downloads 178 (211,737)
Citation 1

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Criminal Law, Criminal Procedure, Civil Procedure, Courts, Settlements, Plea Bargains

23.

Vagueness Principles

Arizona State Law Journal, Vol. 50, 2017 Forthcoming, UNC Legal Studies Research Paper No. 2837743
Number of pages: 34 Posted: 14 Sep 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 170 (220,222)

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void for vagueness, due process, prosecutorial discretion, notice, arbitrary enforcement, vagueness doctrine

24.

Ineffective Assistance at Sentencing

50 Boston College Law Review 1069 (2009)
Number of pages: 54 Posted: 05 May 2009 Last Revised: 23 Sep 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 164 (226,945)

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sentencing, sixth amendment, ineffective assistance of counsel

25.

Arizona’s S.B. 1070: Separating Fact from Fiction

1 Law Journal for Social Justice 44 (2011)
Number of pages: 7 Posted: 12 Jul 2012
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 150 (244,596)

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Immigration, S.B. 1070, Arizona, Fact Check

26.

Beckles v. United States -- Amici Curiae Brief of Scholars of Criminal Law, Federal Courts, and Sentencing in Support of Petitioner

UNC Legal Studies Research Paper No. 2826523
Number of pages: 48 Posted: 22 Aug 2016
Carissa Byrne Hessick, Leah Litman and Douglas A. Berman
University of North Carolina School of Law, University of Michigan Law School and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 142 (255,627)

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due process, vagueness, retroactivity, Supreme Court

27.

Procedural Rights at Sentencing

Notre Dame Law Review, Vol. 90, 2014 Forthcoming, University of Utah College of Law Research Paper, No. 80
Number of pages: 54 Posted: 29 Apr 2014 Last Revised: 14 Jun 2014
Carissa Byrne Hessick and F. Andrew Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 142 (255,627)

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criminal sentencing, trial rights, constiutional rights, judicial discretion, United States v. Booker, Sixth Amendment, Due Process, jury trial right, Ex Post Facto Clause, proof beyond a reasonable doubt

28.

Appellate Review of Sentencing Decisions

Alabama Law Review, Vol. 60, No. 1, 2008
Number of pages: 50 Posted: 31 Jul 2008 Last Revised: 27 Oct 2008
Carissa Byrne Hessick and F. Andrew Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 133 (268,998)

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sentencing, standards of review, appellate practice, Supreme Court

29.

United States v. Matchett (11th Cir.) -- Brief of Law Professors as Amicus Curiae in Support of Defendant-Appellant

University of Utah College of Law Research Paper No. 137
Number of pages: 26 Posted: 18 Oct 2015 Last Revised: 01 Jul 2016
Carissa Byrne Hessick and Douglas A. Berman
University of North Carolina School of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 130 (273,598)
Citation 5

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sentencing, sentencing guidelines, due process clause, vagueness doctrine, void for vagueness, United States v. Booker

30.

Appellate Review of Sentencing Policy Decisions after Kimbrough

Marquette Law Review, Vol. 93, 2009
Number of pages: 27 Posted: 15 Jul 2009
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 129 (275,230)

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federal sentencing guidelines, appellate review, supreme court, sentencing

31.

Juveniles, Sex Offenses, and the Scope of Substantive Law

46 Texas Tech L. Rev. (2013), Forthcoming, University of Utah College of Law Research Paper No. 35
Number of pages: 21 Posted: 12 Jul 2013 Last Revised: 08 Aug 2013
Carissa Byrne Hessick and Judith M. Stinson
University of North Carolina School of Law and Arizona State University (ASU) - Sandra Day O'Connor College of Law
Downloads 128 (276,798)

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sex offenses, juvenile offenders, juvenile justice, statutory rape, child pornography

32.

Picking Prosecutors

Iowa Law Review, Vol. 105, No. 4, 2020, UNC Legal Studies Research Paper
Number of pages: 54 Posted: 16 Apr 2020 Last Revised: 29 Jul 2020
Carissa Byrne Hessick and Michael Morse
University of North Carolina School of Law and University of Chicago Law School
Downloads 123 (285,212)
Citation 1

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prosecutors, elections, local government, criminal justice reform

33.

Rita, Claiborne, and the Courts of Appeals' Attachment to the Sentencing Guidelines

Federal Sentencing Reporter, Vol. 19, No. 3, 2007
Number of pages: 18 Posted: 11 Mar 2007
Carissa Byrne Hessick and F. Andrew Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 120 (290,399)

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sentencing, appellate review, criminal law

34.

Post-Booker Leniency in Child Pornography Sentencing

Federal Sentencing Reporter, Vol. 24, No. 2, December 2011, University of Utah College of Law Research Paper No. 36
Number of pages: 14 Posted: 29 Oct 2011 Last Revised: 08 Aug 2013
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 115 (299,167)

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child pornography, sentencing, judicial discretion, sentencing guidelines, sex offenders

35.

Transcript - Conference on the Ethics of Legal Scholarship

Marquette Law Review, Vol. 101, No. 4, 2018, Marquette Law School Legal Studies Paper No. 18-20, U Denver Legal Studies Research Paper No. 18-23, University of Utah College of Law Research Paper No. 273
Number of pages: 131 Posted: 25 Jul 2018 Last Revised: 14 Aug 2018
Florida A & M University College of Law, Florida International University (FIU) - College of Law, University of Utah - S.J. Quinney College of Law, University of St. Thomas School of Law (Minnesota), University of North Carolina School of Law, University of Alabama School of Law, Marquette University - Law School, Marquette University - Law School, Marquette University - Law School, University of Denver Sturm College of Law and Georgetown University Law Center
Downloads 108 (312,647)

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ethics, legal scholarship, candor, neutrality, law schools, law professors, legal academy, law reviews

36.

The Sixth Amendment Sentencing Right and Its Remedy

North Carolina Law Review, Vol. 99, 2021 Forthcoming, UNC Legal Studies Research Paper
Number of pages: 35 Posted: 10 Feb 2021
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 103 (322,865)

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sentencing, Sixth Amendment, Supreme Court, discretion, jury

37.

Criminal Clear Statement Rules

Washington University Law Review, Vol. 97, 2019, Forthcoming
Number of pages: 72 Posted: 24 May 2019
Carissa Byrne Hessick and Joseph Edward Kennedy
University of North Carolina School of Law and University of North Carolina
Downloads 89 (354,393)

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criminal law, statutory interpretation, presumptions, clear statement rule

38.

The Non-Redelegation Doctrine

William & Mary Law Review, Vol. 55, No. 1, (2013, Forthcoming)
Number of pages: 48 Posted: 12 Jun 2013
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 79 (380,762)

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administrative law, federal sentencing, delegation, sentencing commission, separation of powers, non-delegation doctrine

39.

Prioritizing Policy Before Practice after Booker

Federal Sentencing Reporter, Vol. 18, No. 3, February 2006
Number of pages: 3 Posted: 09 May 2006 Last Revised: 09 Jul 2015
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 78 (383,531)

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Sentencing, Booker, Sentencing Guidelines

40.

Proving Prejudice for Ineffective Assistance Claims After Frye

Federal Sentencing Reporter, Vol. 5, December 2012
Number of pages: 5 Posted: 25 Oct 2012
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 73 (398,235)

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ineffective assistance, right to counsel, sentencing, prejudice

41.

Betterman v. Montana and the Underenforcement of Constitutional Rights at Sentencing

Ohio State Journal of Criminal Law, Vol. 14, No. 1, Forthcoming , UNC Legal Studies Research Paper No. 2847124
Number of pages: 18 Posted: 07 Oct 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 72 (401,226)

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Sixth Amendment, speedy trial, sentencing, Supreme Court

42.

Finality and the Capital/Non-Capital Punishment Divide

Final Judgments: The Death Penalty in American Law and Culture (A. Sarat ed.), 2017; ISBN-10: 1107155487, UNC Legal Studies Research Paper
Number of pages: 40 Posted: 04 Dec 2017
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 66 (420,397)

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capital punishment, sentencing, death penalty, finality, rehabilitation, life without parole, juvenile offenders

43.

DNA Exonerations and the Elusive Promise of Criminal Justice Reform

Ohio State Journal of Criminal Law, Vol. 15, 2017, No. Forthcoming, UNC Legal Studies Research Paper
Number of pages: 10 Posted: 10 Aug 2017
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 65 (423,730)

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book review, DNA exonerations, criminal justice reform

44.

Election Contestation and Progressive Prosecutors

Ohio State Journal of Criminal Law, Forthcoming
Number of pages: 26 Posted: 23 May 2021
Ronald F. Wright, Jeff Yates and Carissa Byrne Hessick
Wake Forest University - School of Law, Binghamton University - Department of Political Science and University of North Carolina School of Law
Downloads 54 (463,149)

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Prosecutors, Elections, Progressive Prosecutors, Crime Politics

45.

An Interdisciplinary Introduction to Punishment

New Criminal Law Review, Vol. 11, pp. 498-503, 2008
Number of pages: 4 Posted: 19 Oct 2008
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 54 (463,149)

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46.

Five Years of Appellate Problems after Booker

Federal Sentencing Reporter, Vol. 22, p. 85, 2009
Number of pages: 7 Posted: 12 Mar 2010
F. Andrew Hessick and Carissa Byrne Hessick
University of North Carolina School of Law and University of North Carolina School of Law
Downloads 42 (514,069)

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47.

Booker in the Circuits: Backlash or Balancing Act?

6 HLRe (2015, Forthcoming), University of Utah College of Law Research Paper No. 117
Number of pages: 8 Posted: 18 Apr 2015 Last Revised: 09 Jul 2015
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 39 (528,392)

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sentencing, Booker, Sixth Amendment, appellate review

48.

A Critical View of the Sentencing Commission's Recent Recommendations to 'Strengthen the Guidelines System'

Houston Law Review, Vol. 51, No. 5, 2014, University of Utah College of Law Research Paper No. 50
Number of pages: 34 Posted: 05 Dec 2013 Last Revised: 27 Jan 2014
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 37 (538,209)

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sentencing, U.S. Sentencing Commission, United States v. Booker, Sixth Amendment

49.

State v. Holle (Arizona State Supreme Court) -- Amici Curiae Brief of Law Professors in Support of Respondent's motion for reconsideration

UNC Legal Studies Research Paper No. 2848367
Number of pages: 15 Posted: 08 Oct 2016
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 35 (548,591)

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due process, vagueness, element, affirmative defense, Arizona

Other Papers (1)

Total Downloads: 7
1.

Draft Motion in Demand of a Sentencing Jury for an Arizona Defendant

Number of pages: 5 Posted: 12 Feb 2017
Carissa Byrne Hessick
University of North Carolina School of Law
Downloads 7

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