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Michael Heise

Cornell Law School

Professor of Law

310 Myron Taylor Hall

Ithaca, NY 14853-4901

United States

  • Cornell Law School

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    • Tel: 607-255-0069
    • Fax: 607-255-7193
SCHOLARLY PAPERS

47

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85

Scholarly Papers (47)

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1.

The Decision to Award Punitive Damages: An Empirical Study

Cornell Legal Studies Research Paper No. 09-011, CELS 2009 4th Annual Conference on Empirical Legal Studies Paper
Number of pages: 26 Posted: 02 Jun 2009 Last Revised: 14 Jul 2009
Theodore Eisenberg, Michael Heise, Nicole L. Waters and Martin T. Wells
Cornell University, Law School (Deceased), Cornell Law School, National Center for State Courts and Cornell University - Law School
Downloads 443 (53,180)
Citation 1

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punitive damages, litigation, juries, tort

2.

'Too Many Notes'? An Empirical Study of Advocacy in Federal Appeals

Downloads 428 ( 60,339)

'Too Many Notes'? An Empirical Study of Advocacy in Federal Appeals

12:3 Journal of Empirical Legal Studies (2015, Forthcoming), Cornell Legal Studies Research Paper 15-18, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 15-2
Number of pages: 27 Posted: 15 Feb 2015 Last Revised: 10 Nov 2015
Gregory C. Sisk and Michael Heise
University of St. Thomas School of Law (Minnesota) and Cornell Law School
Downloads 427 (59,894)

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appeals, Court of Appeals, appellate courts, briefs, legal writing, appellate practice, appellate procedure, Federal Rules of Appellate Procedure, lawyer specialization, empirical legal studies

'Too Many Notes'? An Empirical Study of Advocacy in Federal Appeals

Journal of Empirical Legal Studies, Vol. 12, Issue 3, pp. 578-600, 2015
Number of pages: 23 Posted: 21 Aug 2015
Gregory C. Sisk and Michael Heise
University of St. Thomas School of Law (Minnesota) and Cornell Law School
Downloads 1 (616,948)
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3.

The Political Economy of School Choice

UVA School of Law, Public Law Research Paper No. 01-17
Number of pages: 100 Posted: 30 Nov 2001
James E. Ryan and Michael Heise
Harvard University - Graduate School of Education and Cornell Law School
Downloads 362 (69,547)
Citation 3

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4.

Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal

Downloads 356 ( 75,052)
Citation 10

Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal

Cornell Legal Studies Research Paper No. 07-006
Number of pages: 31 Posted: 19 Feb 2008 Last Revised: 28 Apr 2008
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 356 (74,440)
Citation 10

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Plaintiphobia in State Courts? An Empirical Study of State Court Trials on Appeal

Journal of Legal Studies, Vol. 38, 2008, Cornell Legal Studies Research Paper No. 07-006
Posted: 11 Jan 2008
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School

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5.

Variability in Punitive Damages: An Empirical Assessment of the U.S. Supreme Court’s Decision in Exxon Shipping Co. v. Baker

Cornell Legal Studies Research Paper No. 09-011
Number of pages: 24 Posted: 26 Apr 2009 Last Revised: 26 Apr 2014
Theodore Eisenberg, Michael Heise and Martin T. Wells
Cornell University, Law School (Deceased), Cornell Law School and Cornell University - Law School
Downloads 355 (70,380)
Citation 4

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Punitive Damages, Tort, Empirical Studies

6.

Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data

Journal of Empirical Legal Studies, Vol. 3, No. 2, pp. 263-95, 2006, Cornell Legal Studies Research Paper No. 05-015
Number of pages: 33 Posted: 27 Jun 2006
Michael Heise, Theodore Eisenberg, Martin T. Wells, Paula Hannaford-Agor, Neil LaFountain, G. Thomas Munsterman and Brian Ostrom
Cornell Law School, Cornell University, Law School (Deceased), Cornell University - Law School, National Center for State Courts, National Center for State Courts, National Center for State Courts (NCSC) and National Center for State Courts
Downloads 311 (83,574)
Citation 8

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7.

Don't Train Your Employees and Cancel Your '1-800' Harassment Hotline: An Empirical Examination and Correction of the Flaws in the Affirmative Defense to Sexual Harassment Charges

Fordham Law Review, Vol. 69, No. 4, March 2001
Number of pages: 40 Posted: 24 Apr 2001 Last Revised: 30 Apr 2010
David Sherwyn, Michael Heise and Zev J. Eigen
Cornell University, Cornell Law School and Littler Mendelson
Downloads 237 (98,243)
Citation 9

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8.

Ideology 'All the Way Down'? An Empirical Study of Establishment Clause Decisions in the Federal Courts

110 Michigan Law Review 1201 (2012), U of St. Thomas Legal Studies Research Paper No. 11-04, Cornell Legal Studies Research Paper
Number of pages: 64 Posted: 21 Mar 2011 Last Revised: 17 May 2012
Gregory C. Sisk and Michael Heise
University of St. Thomas School of Law (Minnesota) and Cornell Law School
Downloads 218 (117,317)
Citation 1

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Religious liberty, Establishment Clause, Church and State, Judicial Decisionmaking, judges, courts, empirical study of courts

9.

State Criminal Appeals Revealed

Vanderbilt Law Review, Vol. 70, No. 6, 2017, Vanderbilt Law Research Paper No. 17-49, Cornell Legal Studies Research Paper No. 17-44
Number of pages: 33 Posted: 31 Jan 2018 Last Revised: 19 Feb 2018
Michael Heise, Nancy J. King and Nicole A. Heise
Cornell Law School, Vanderbilt University - Law School and University of Chicago, Law School, Students
Downloads 212 (130,369)

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10.

Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence from the Federal Courts

98 Iowa Law Review 231 (2012), U of St. Thomas Legal Studies Research Paper No. 11-23, Cornell Legal Studies Research Paper
Number of pages: 61 Posted: 27 Aug 2011 Last Revised: 09 Oct 2012
Gregory C. Sisk and Michael Heise
University of St. Thomas School of Law (Minnesota) and Cornell Law School
Downloads 203 (111,502)

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empirical legal studies, religious liberty, first amendment, Muslims, judicial decisionmaking, free exercise, free exercise of religion, law and religion, minority rights, civil rights, civil liberties, law and courts, cognitive psychology

11.

Judges and Ideology: Public and Academic Debates About Statistical Measures

Downloads 197 (139,615)

Judges and Ideology: Public and Academic Debates About Statistical Measures

Northwestern University Law Review, Vol. 99, p. 743, 2005, U of St. Thomas Legal Studies Research Paper No. 05-01
Number of pages: 63 Posted: 18 May 2005
Gregory C. Sisk and Michael Heise
University of St. Thomas School of Law (Minnesota) and Cornell Law School
Downloads 197 (139,441)
Citation 6

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Judges, ideology, judicial decisionmaking, empirical

Judges and Ideology: Public and Academic Debates About Statistical Measures

Cornell Legal Studies Research Paper No. 04-032
Posted: 30 Mar 2004
Gregory C. Sisk and Michael Heise
University of St. Thomas School of Law (Minnesota) and Cornell Law School

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judges, ideology, judicial decisionmaking, empirical

12.

The Political Economy of Education Federalism

Emory Law Journal, Vol. 55, p. 125, 2006, Cornell Legal Studies Research Paper No. 06-041
Number of pages: 35 Posted: 25 Oct 2006
Michael Heise
Cornell Law School
Downloads 194 (108,875)

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federalism, education, political economy

13.

Judge-Jury Difference in Punitive Damages Awards: Who Listens to the Supreme Court?

Downloads 184 (148,737)
Citation 2

Judge-Jury Difference in Punitive Damages Awards: Who Listens to the Supreme Court?

Number of pages: 33 Posted: 07 Jan 2011
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 181 (150,978)
Citation 2

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punitive damages, judges, juries, Supreme Court

Judge-Jury Difference in Punitive Damages Awards: Who Listens to the Supreme Court?

Journal of Empirical Legal Studies, Vol. 8, Issue 2, pp. 325-357, 2011
Number of pages: 33 Posted: 20 May 2011
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 3 (595,905)
Citation 2
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14.

From No Child Left Behind to Every Student Succeeds: Back to a Future for Education Federalism

Columbia Law Review, Vol. 117, No. 7, 2017, Cornell Legal Studies Research Paper No. 17-46
Number of pages: 39 Posted: 31 Jan 2018 Last Revised: 15 Feb 2018
Michael Heise
Cornell Law School
Downloads 180 (152,511)

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elementary, secondary, education, federal, state, lawmakers, standardized testing, autonomy, No Child Left Behind Act, Every Student Succeeds Act, education policy, regulation, school voucher, tax credits, charter schools, home schooling, parental control, legislation, Congress, NCLB

15.

Educational Adequacy as Legal Theory: Implications from Equal Educational Opportunity Doctrine

Cornell Legal Studies Research Paper No. 05-028
Number of pages: 24 Posted: 05 Oct 2005
Michael Heise
Cornell Law School
Downloads 168 (152,511)

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16.

Searching for the Soul of Judicial Decisionmaking: An Empirical Study of Religious Freedom Decisions

Ohio State Law Journal, Vol. 65, No. 3, 2004, Cornell Legal Studies Research Paper No. 04-015, Case Legal Studies Research Paper No. 04-17
Number of pages: 125 Posted: 16 Jan 2004
Gregory C. Sisk, Michael Heise and Andrew P. Morriss
University of St. Thomas School of Law (Minnesota), Cornell Law School and Texas A&M School of Innovation
Downloads 161 (151,012)
Citation 3

Abstract:

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Constitution, religion, judges, judicial decisionamking, empirical

17.

The Story of San Antonio Independent School Dist. v. Rodriguez: School Finance, Local Control, and Constitutional Limits

Cornell Legal Studies Research Paper No. 07-015
Number of pages: 29 Posted: 15 Aug 2007
Michael Heise
Cornell Law School
Downloads 151 (160,476)

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education, school desegregation, legal impact, constitutional law

18.

Religion, Schools, and Judicial Decision Making: An Empirical Perspective

79 University of Chicago Law Review 187(2012), U of St. Thomas Legal Studies Research Paper No. 11-19 , Cornell Legal Studies Research Paper No. 11-28
Number of pages: 28 Posted: 30 Jul 2011 Last Revised: 17 May 2012
Michael Heise and Gregory C. Sisk
Cornell Law School and University of St. Thomas School of Law (Minnesota)
Downloads 143 (166,455)

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Courts, Judges, Judicial Decision Making, Religion, Constitution

19.

Litigated Learning and the Limits of Law

Vanderbilt Law Review, Vol. 57, p. 2417, 2004, Cornell Legal Studies Research Paper No. 04-010
Number of pages: 45 Posted: 24 Jun 2004
Michael Heise
Cornell Law School
Downloads 113 (213,580)

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constitution, education, law and policy, litigation, empirical

20.

Revisiting Eisenberg and Plaintiff Success: State Court Civil Trial and Appellate Outcomes

Downloads 112 (223,277)

Revisiting Eisenberg and Plaintiff Success: State Court Civil Trial and Appellate Outcomes

Journal of Empirical Legal Studies, Volume 13, Issue 3, 516–535, September 2016 Forthcoming, Cornell Legal Studies Research Paper No. 16-5,
Number of pages: 31 Posted: 13 Jan 2016 Last Revised: 11 Aug 2016
Michael Heise and Martin T. Wells
Cornell Law School and Cornell University - Law School
Downloads 65 (316,698)

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Revisiting Eisenberg and Plaintiff Success: State Court Civil Trial and Appellate Outcomes

Cornell Legal Studies Research Paper No. 15-24
Number of pages: 26 Posted: 03 Aug 2015 Last Revised: 29 Sep 2015
Michael Heise and Martin T. Wells
Cornell Law School and Cornell University - Law School
Downloads 46 (374,168)

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Revisiting Eisenberg and Plaintiff Success: State Court Civil Trial and Appellate Outcomes

Journal of Empirical Legal Studies, Vol. 13, Issue 3, pp. 516-535, 2016
Number of pages: 20 Posted: 10 Aug 2016
Michael Heise and Martin T. Wells
Cornell Law School and Cornell University - Law School
Downloads 1 (616,948)
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21.

The Death of Death Row Clemency and the Evolving Politics of Unequal Grace

Alabama Law Review, Forthcoming, Cornell Legal Studies Research Paper No. 14-17
Number of pages: 39 Posted: 17 May 2014 Last Revised: 14 Jun 2015
Michael Heise
Cornell Law School
Downloads 112 (169,161)

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clemency, death penalty, criminal, empirical

22.

Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal

Downloads 106 (232,214)
Citation 9

Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal

Cornell Legal Studies Research Paper No. 14-02
Number of pages: 30 Posted: 17 Oct 2013 Last Revised: 23 Dec 2013
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 105 (235,036)
Citation 9

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Plaintiphobia in State Courts Redux? An Empirical Study of State Court Trials on Appeal

Journal of Empirical Legal Studies, Vol. 12, Issue 1, pp. 100-127, 2015
Number of pages: 28 Posted: 19 Feb 2015
Theodore Eisenberg and Michael Heise
Cornell University, Law School (Deceased) and Cornell Law School
Downloads 1 (616,948)
Citation 8
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23.

Free Exercise of Religion Before the Bench: Empirical Evidence from the Federal Courts

U of St. Thomas Legal Studies Research Paper No. 12-07, Cornell Legal Studies Research Paper No. 12-21
Number of pages: 37 Posted: 19 Mar 2012
Michael Heise and Gregory C. Sisk
Cornell Law School and University of St. Thomas School of Law (Minnesota)
Downloads 100 (223,277)

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religious liberty, religious freedom, freedom of religion, free exercise, free exercise of religion, religion clauses, first amendment, Muslims, judicial decision-making, empirical legal studies

24.

Quiet Rebellion Ii: An Empirical Analysis of Declining Federal Drug Sentences Including Data from the District Level

Iowa Law Review, Vol. 87, No. 2, March 2002
Number of pages: 85 Posted: 28 Feb 2002
Frank O. Bowman III and Michael Heise
University of Missouri School of Law and Cornell Law School
Downloads 97 (226,205)
Citation 3

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length of prison sentences, narcotics violations, federal drug sentences, sentencing system, prosecutors, defense counsel, probation officers, district judges, Guidelines sentencing, Federal Sentencing Guidelines, judicial districts, drug types, marijuana, fast-track, sentence discounts

25.

Lost Ground: Catholic Schools, the Future of Urban School Reform, and Empirical Legal Scholarship

Texas Law Review, Vol. 93, 2015, Cornell Legal Studies Research Paper No. 15-17
Number of pages: 23 Posted: 19 May 2015 Last Revised: 10 Nov 2015
Michael Heise
Cornell Law School
Downloads 87 (264,584)

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26.

Criminal Case Complexity: An Empirical Perspective

Downloads 86 (266,480)

Criminal Case Complexity: An Empirical Perspective

Journal of Empirical Legal Studies, Vol. 1, No. 2, pp. 331-369, July 2004
Number of pages: 41 Posted: 17 Jun 2004
Michael Heise
Cornell Law School
Downloads 86 (268,707)
Citation 1

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Criminal, empirical, complexity, reform, jury

Criminal Case Complexity: An Empirical Perspective

Cornell Legal Studies Research Paper No. 04-029
Posted: 04 Feb 2004
Michael Heise
Cornell Law School

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Empirical, case complexity, criminal, jury, judge, jury reform

27.

Charting the Influences on the Judicial Mind: An Empirical Study of Judicial Reasoning

New York University Law Review, Vol. 73, No. 5, 1998
Number of pages: 124 Posted: 13 Jun 2014
Gregory C. Sisk, Michael Heise and Andrew P. Morriss
University of St. Thomas School of Law (Minnesota), Cornell Law School and Texas A&M School of Innovation
Downloads 50 (146,593)
Citation 24

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Judicial decision making, public choice theory, empirical analysis, sentencing

28.

Education Rights and Wrongs: Publicly Funded Vouchers, State Constitutions, and Education Death Spirals

Cornell Legal Studies Research Paper No. 15-06
Number of pages: 21 Posted: 24 Jan 2015 Last Revised: 10 Nov 2015
Michael Heise
Cornell Law School
Downloads 41 (280,490)

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29.

2017 Monsanto Lecture: The Complicated Business of State Supreme Court Elections: An Empirical Perspective

Valparaiso University Law Review, Vol. 52, No. 1, 2017, Cornell Legal Studies Research Paper 18-36
Number of pages: 47 Posted: 14 Jun 2018 Last Revised: 21 Jun 2018
Michael Heise
Cornell Law School
Downloads 0 (532,012)

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30.

Appeals by the Prosecution

Vanderbilt Law Research Paper No. 18-29, Cornell Legal Studies Research Paper No. 18-33
Number of pages: 66 Posted: 30 Apr 2018 Last Revised: 19 Jun 2018
Nancy J. King and Michael Heise
Vanderbilt University - Law School and Cornell Law School
Downloads 0 (370,883)

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31.

The Complicated Business of State Supreme Court Elections: An Empirical Perspective

Cornell Legal Studies Research Paper No. 17-25
Number of pages: 46 Posted: 11 Aug 2016 Last Revised: 11 May 2018
Michael Heise
Cornell Law School
Downloads 0 (451,672)

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Empirical, Judicial Elections, Tort Reform

32.

Splitting Logs: An Empirical Perspective On Employment Discrimination Settlements

Cornell Law Review, Vol. 96, No. 4, 2011, Cornell Legal Studies Research Paper
Number of pages: 27 Posted: 24 Dec 2015
Stewart J. Schwab and Michael Heise
Cornell Law School and Cornell Law School
Downloads 0 (542,448)
Citation 1

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employment discrimination, U.S. District Court, settlements

33.

Following Data and a Giant: Remembering Ted Eisenberg

Cornell Law Review, Vol. 100, No. 1, pp.8-11, 2014
Number of pages: 4 Posted: 08 Nov 2015
Michael Heise
Cornell Law School
Downloads 0 (526,734)

Abstract:

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34.

Signaling and Precedent in Federal District Court Opinions

Cornell Legal Studies Research Paper No. 04-05; and Case Legal Studies Research Paper No. 04-7
Posted: 29 Apr 2004
Andrew P. Morriss, Michael Heise and Gregory C. Sisk
Texas A&M School of Innovation, Cornell Law School and University of St. Thomas School of Law (Minnesota)

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judges, judicial decisionmaking, economics, precedent

35.

Litigated Learning and the Limits of the Law

Posted: 30 Mar 2004
Michael Heise
Cornell Law School

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constitution, education, law and policy, litigation, empirical

36.

Is Single-Sex Education Inherently Unequal?

Cornell Legal Studies Research Paper No. 04-04
Posted: 20 Jan 2004
Michael Heise
Cornell Law School

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Constitution, education, public policy, law and social science, equal education

37.

The Courts, Educational Policy, and Unintended Consequences

Cornell Journal of Law and Public Policy, Forthcoming
Posted: 26 Aug 2002
Michael Heise
Cornell Law School

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38.

Equal Educational Opportunity by the Numbers: The Warren Court's Empirical Legacy

Washington and Lee Law Review, Forthcoming
Posted: 13 Aug 2002
Michael Heise
Cornell Law School

Abstract:

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39.

Mercy by the Numbers: An Empirical Analysis of Clemency and its Structure

Downloads 0 (601,954)

Mercy by the Numbers: An Empirical Analysis of Clemency and its Structure

Empirical Legal Research Working Paper No. 02-01
Posted: 05 Aug 2002
Michael Heise
Cornell Law School

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Mercy by the Numbers: An Empirical Analysis of Clemency and its Structure

Virginia Law Review, Vol. 89, 2003
Posted: 29 Apr 2003
Michael Heise
Cornell Law School

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40.

Quiet Rebellion? Explaining Nearly a Decade of Declining Federal Drug Sentences

Iowa Law Review, Vol. 88, No. 4, p. 1043, May 2001
Posted: 31 Aug 2001
Frank O. Bowman III and Michael Heise
University of Missouri School of Law and Cornell Law School

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sentencing, drug offender, federal prison sentences, Federal Sentencing Guidelines

41.

Preliminary Thoughts on the Virtues of Passive Dialogue

Akron Law Review, Vol. 34, No. 1, 2000
Posted: 27 Apr 2001
Michael Heise
Cornell Law School

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42.

Justice Delayed?: An Empirical Analysis of Civil Case Disposition Time

Downloads 0 (601,954)

Justice Delayed?: An Empirical Analysis of Civil Case Disposition Time

Posted: 10 Jan 2000
Michael Heise
Cornell Law School

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Justice Delayed?: An Empirical Analysis of Civil Case Disposition Time

Case Western Reserve Law Review, Vol. 50, No. 4, Summer 2000
Posted: 30 Aug 2000
Michael Heise
Cornell Law School

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civil justice, case disposition time, empirical

43.

Equal Educational Opportunity and Constitutional Theory: Preliminary Thoughts on the Role of School Choice and the Autonomy Principle

Journal of Law & Politics, Vol. 14, No. 3, Summer 1998
Posted: 22 Oct 1999
Michael Heise
Cornell Law School

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44.

The Importance of Being Empirical

Pepperdine Law Review
Posted: 08 Oct 1999
Michael Heise
Cornell Law School

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46.

1997 Winston S. Howard Distinguished Lecture

Land and Water Law Review, 1998
Posted: 11 May 1998
Michael Heise
Cornell Law School

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47.

Equal Educational Opportunity, Hollow Victories, and the Demise of School Finance Equity Theory: An Empirical Perspective

Washington University Law Quarterly, Vol. 75, No. 1, 1997.
Posted: 21 Nov 1996
Michael Heise
Cornell Law School

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