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Category: Law Rev (Columbia)

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Sidebar Publishes Responses to The Subjective Experience of Punishment

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Columbia Law Review‘s Sidebar is pleased to announce the publication of two responses to The Subjective Experience of Punishment by Adam J. Kolber.

In this Essay Professor Kolber argues that any successful justification of punishment must take into account how the punishment is experienced by the individual offender. Thus, a retributivist must measure punishment severity in a manner that is sensitive to individuals’ experiences of punishment to avoid punishing people more than is justified. Similarly, a consequentialist must consider the individual experience of punishment in order to create a

system that is optimally deterrent.The Responses challenge these claims.

Miriam H. Baer responds to the Essay from a consequentialist perspective, arguing that sentencing is just one variable in deterrence and that calibrating punishment based on an individual’s subjective reaction to punishment, without taking into account the way in which law enforcement monitors and detects crime, may not have the deterrent effects Kolber claims.

Kenneth W. Simons responds from a retributivist perspective, arguing that retributivists need not calibrate punishment to an offender’s subjective experience of punishment because objective deprivations are also relevant to retribution and that, to the extent that subjective experiences are relevant, it is unclear which mental states should be considered in evaluating the severity of a particular sentence.

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Columbia Law Review, Volume 109 Issue 2 (March 2009)

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Columbia Law Review, Volume 109 Issue 2 (March 2009)

Article

Civil Liability and Mandatory Disclosure

Merritt B. Fox

Notes

Policing the Fourth Amendment: The Constitutionality of Warrantless Investigatory Stops for Past Misdemeanors

Sameer Bajaj

The Blank Page Before You: Should the Preemption Doctrine Apply to Unwritten Practices?

Chang Derek Liu

Essay

A Bargaining Power Theory of Default Rules

Omri Ben-Shahar

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Columbia Law Review, Volume 109 Issue 1 (January 2009)

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Columbia Law Review, Volume 109 Issue 1 (January 2009)

Article

The Federal Common Law of Nations

Anthony J. Bellia Jr. & Bradford R. Clark

Notes

Discerning Discrimination in State Treatment of American Indians Going Beyond Reservation Boundaries

Shira Kieval

More Bitter Than Sweet: A Procedural Due Process Critique of Certification Periods

Amy McCamphill

Essay

The Subjective Experience of Punishment

Adam J. Kolber

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Columbia Law Review, Volume 108 Issue 8 (December 2008)

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Columbia Law Review, Volume 108 Issue 8 (December 2008)

Articles

The Promise and Peril of Corporate Governance Indices

Sanjai Bhagat, Brian Bolton & Roberta Romano

Textualism and Jurisdiction

Peter J. Smith

Notes

Calculating the Public Interest in Protecting Journalists’ Confidential Sources

David Abramowicz

RICO and the Commerce Clause: A Reconsideration of the Scope of Federal Criminal Law

Thane Rehn

Essay

Immigration Outside the Law

Hiroshi Motomura

Book Review Essay

Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy

On Amir & Orly Lobel

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Columbia Law Review, Volume 108 Issue 7 (November 2008)

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Columbia Law Review, Volume 108 Issue 7 (November 2008)

Articles

Progressivity and Potential Income: Measuring the Effect of Changing Work Patterns on Income Tax Progressivity

Chris William Sanchirico

Market Damages, Efficient Contracting, and the Economic Waste Fallacy

Alan Schwartz & Robert E. Scott

Notes

Walking the Federalist Tightrope: A National Policy of State Experimentation for Health Information Technology

Benjamin J. Beaton

An Unintended Double Standard of Liability: The Effect of the Westfall Act on the Alien Tort Claims Act

Karen Lin

Essay

Human Welfare, Not Human Rights

Eric A. Posner

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Columbia Law Review, Volume 108 Issue 6 (October 2008)

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Columbia Law Review, Volume 108 Issue 6 (October 2008)

Articles

Reforming Securities Litigation Reform: Restructuring the Relationship Between Public and Private Enforcement of Rule 10B-5

Amanda M. Rose

Detention As Targeting: Standards of Certainty and Detention of Suspected Terrorists

Matthew C. Waxman

Notes

Following the Leader: Twombly, Pleading Standards, and Procedural Uniformity

Z.W. Julius Chen

An Antitrust Analysis of Product Hopping in the Pharmaceutical Industry

Jessie Cheng

Essay

Hedonic Adaptation and the Settlement of Civil Lawsuits

John Bronsteen

Christopher Buccafusco

Jonathan S. Masur

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Columbia Law Review, Volume 108 Issue 5 (June 2008)

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Columbia Law Review, Volume 108 Issue 5 (June 2008)

Articles

Process and Substance in the “War on Terror”

Jenny S. Martinez

Perceptual Segregation

Russell K. Robinson

Notes

Denying Access to Justice: The Cost of Applying Chronic Nuisance Laws to Domestic Violence

Cari Fais

Punting on the Values of Federalism in Immigration Arena? Evaluating Operation Linebacker, a State and Local Law Enforcement Program Along the U.S.-Mexico Border

Adrian J. Rodriguez

Essay

False Consensus Bias in Contract Interpretation

Larry Solan, Terri Rosenblatt & Dan Osheron

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Columbia Law Review, Volume 108 Issue 4 (May 2008)

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Columbia Law Review, Volume 108 Issue 4 (May 2008)

Article

Agency Costs, Charitable Trusts, and Corporate Control: Evidence from Hershey’s Kiss-Off

Jonathan Klick & Robert H. Sitkoff

Notes

“Trickle Down” Constitutional Interpretation: Should Federal Limits on Legislative Conferral of Standing Be Imported into State Constitutional Law?

James W. Doggett

Will the Ride-Through Ride Again?

Christopher Hogan

Essays

Reputational Sanctions in China’s Securities Market

Benjamin L. Liebman & Curtis J. Milhaupt

Just One Click: The Reality of Internet Retail Contracting

Ronald J. Mann & Travis Siebeneicher

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Columbia Law Review, Volume 108 Issue 3 (April 2008)

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Columbia Law Review, Volume 108 Issue 3 (April 2008)

Articles

The Federal Marriage Amendment and the False Promise of Originalism

Thomas B. Colby

Dead Hand Arguments and Constitutional Interpretation

Adam M. Samaha

Notes

Treating Like Subdecisions Alike: The Scope of Stare Decisis as Applied to the Judicial Method

Jordan Wilder Connors

Free Exercise Claims in Custody Battles: Is Heightened Scrutiny Required Post-Smith?

Ariana Cooper

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Columbia Law Review, Volume 108 Issue 2 (March 2008)

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Columbia Law Review, Volume 108 Issue 2 (March 2008)

Articles

The Irony of Judicial Elections

David E. Pozen

Taking Care of Treaties

Edward T. Swaine

Notes

Conditional Preemption, Commandeering, and the Values of Cooperative Federalism: An Analysis of Section 216 of EPAct

A Not Intractable Problem: Reasonable Certainty, Tractebel, and the Problem of Damages for Anticipatory Breach of a Long Term Contract in a Thin Market

Essay

Standing and the Precautionary Principle

Jonathan Remy Nash