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4 - Stealing Bill Stuntz

Published online by Cambridge University Press:  05 March 2012

David Skeel
Affiliation:
University of Pennsylvania Law School
Carol Steiker
Affiliation:
Harvard Law School
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Summary

George Orwell began his celebrated essay on Charles Dickens by remarking that Dickens was “one of those writers who are well worth stealing.…The Marxist claims him as ‘almost’ a Marxist, the Catholic claims him as ‘almost’ a Catholic, and both claim him as a champion of the proletariat.” Even Chesterton, Orwell pointed out, “credit[ed] Dickens with his own highly individual branch of medievalism.” Everyone wanted Dickens as an ally; everyone saw in him a sympathetic soul.

Bill Stuntz is the Charles Dickens of criminal procedure scholars. Burkean skeptics praise him as a model Burkean skeptic. Law-and-order conservatives enlist him in arms against the legacy of the Warren Court. Liberals embrace him as a critic of overcriminalization, excessive punishment, and inequality. Even scholars assigned to critique Stuntz's work have usually paused first to make clear that, really, on the important matters, they see eye to eye with him.

Type
Chapter
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The Political Heart of Criminal Procedure
Essays on Themes of William J. Stuntz
, pp. 87 - 108
Publisher: Cambridge University Press
Print publication year: 2011

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References

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Allen, Ronald J.Rosenberg, Ross M.The Fourth Amendment and the Limits of Theory: Local Versus General Theoretical Knowledge 12 1998
Cassell, Paul G.A Tribute to Joe Grano: He Kept the Flames Alive 46 2000
Simon, JonathanPositively Punitive: How the Inventor of Scientific Criminology Who Died at the Beginning of the Twentieth Century Continues to Haunt American Crime Control at the Beginning of the Twenty-First 84 2006
Taslitz, Andrew E.Judging Jena's D.A.: The Prosecutor and Racial Esteem 44 2009
Steiker, Carol S.How Much Justice Can You Afford?” – A Response to Stuntz 67 1999
Seidman, Louis MichaelThe Problems with Privacy's Problem 93 1995
Sklansky, David AlanKiller Seatbelts and Criminal Procedure 119 2006
Weisberg, RobertFirst Causes and the Dynamics of Criminal Justice 119 2006
Stuntz, William J.Self-Incrimination and Excuse 88 1988
Stuntz, William J.Warrants and Fourth Amendment Remedies 77 1991
Scott, Robert E.Stuntz, William J.Plea Bargaining as Contract 101 1992
Stuntz, William J.Lawyers, Deception, and Evidence Gathering 79 1993
Stuntz, William J.Privacy's Problem and the Law of Criminal Procedure 93 1995
Stuntz, William J.The Uneasy Relationship Between Criminal Procedure and Criminal Justice 107 1997
Stuntz, William J.Terry's Impossibility 72 1998
Stuntz, William J.Race, Class, and Drugs 98 1998
Stuntz, William J.The Distribution of Fourth Amendment Privacy 67 1999
Stuntz, William J.Self-Defeating Crimes 86 2000
Stuntz, William J.The Pathological Politics of Criminal Law 100 2001
Stuntz, William J.Terrorism, Federalism, and Police Misconduct 25 2002
Stuntz, William J.Reply: Criminal Law's Pathology 101 2002
Stuntz, William J.Christian Legal Theory 116 2003
Stuntz, William J.Plea Bargaining and Criminal Law's Disappearing Shadow 117 2004
Stuntz, William J.The Political Constitution of Criminal Justice 119 2006
Stuntz, William J.Unequal Justice 121 2008
Stuntz, William J.Implicit Bargains, Government Power, and the Fourth Amendment 44 1992
Skeel, David A.Stuntz, William J.Christianity and the (Modest) Rule of Law 8 2006
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Stuntz, William J.Substance, Procedure, and the Civil-Criminal Line 7 1996
Richman, Daniel C.Stuntz, William J.Al Capone's Revenge: An Essay on the Political Economy of Pretextual Prosecution 105 2005
Stuntz, William J.The Substantive Origins of Criminal Procedure 105 1995
Stuntz, William J.Local Policing After the Terror 111 2002
Richman, Daniel C. 2004
Chacón, JenniferManaging Migration Through Crime 109 2009
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