Nancy Gertner launched her legal career by defending antiwar activist Susan Saxe, who was on trial for her role in a robbery that resulted in the murder of a police officer. After this high-profile, highly charged case, Gertner continued to cause...
Publications
Books
The Law of Juries is a handy reference on the law of juries for trial lawyers and judges. The authors include Supreme Court caselaw to prepare you for anything that might arise during trial deliberations. The text offers the most...
Despite cultural progress in reducing overt acts of racism, stark racial disparities continue to define American life. This book is for anyone who wonders why race still matters and is interested in what emerging social science can...
Selected Publications
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(With Kate Stith and Sofia Yakren) Remembering Dan Freed: In Memoriam: A Tribute to Professor Daniel J. Freed, Federal Sentencing Reporter (March, 2011)
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Loser's Rules, The Yale Law Journal Online (January, 2012)
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Sentencing Law: Rhetoric and Reality: Essay: On Competence, Legitimacy and Proportionality, University of Pennsylvania Law Review (March, 2012)
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A Judge Hangs Up her Robes, Litigation (March, 2012)
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Mandatory Minimum Sentencing through a Judge' Eyes, Massachusetts Lawyers Weekly (March 2012)
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(With Barry Scheck) How to Rein in Rogue Prosectuors, The Wall Street Journal (March, 2012)
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The Media's Reporting on Justice is Criminal, WBUR Cognoscenti Blog (September, 2012)
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TRAC Data on Federal Sentencing: Judge Identifiers, Federal Sentencing Project (October, 2012)
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(With Richard Gargiulo) Judging the Judges in Mass: Protect Independence, The Boston Globe (December 2012)
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From "Rites" to "Rights": The Decline of the Criminal Jury Trial, Yale Journal of Law and the Humanities (December, 2012)
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Drug Lab Scandal: The Massive Failures of the Many Collided in a Perfect Storm, WBUR Cognoscenti Blog (February, 2013)
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National Academy of Science Reports: A Challenge to the Courts, ABA Criminal Justice Magazine (March, 2013)
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Privilege Precludes Asking: What was the Judge Thinking?, Boston Bar Association Journal, (March 2013)
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Feminism, Stalled: Thoughts on the Leaky Pipeline, Michigan State Law Review (March, 2013)
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"'Miller': What is is; what it is not," Missouri Law Review
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The Daunting Task of Finding an Impartial Jury for an 'Infamous' Defendant, WBUR Cognoscenti Blog (June, 2013)
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Op-Ed: Who Speaks for the Bench about Surveillance?National Law Journal , Sep 15 2014 Read more »
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There Will Be More FerguesonsThe Boston Globe , Nov 25 2014 Read more »
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HOW TO TALK ABOUT SENTENCING POLICY--AND NOT DISPARITYLoyola University Chicago Law Journal, Dec 1 2014 Read more »
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Sex, Lies, and JusticeThe American Prospect, Jan 19 2015 Read more »
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DA Conley: 'Skunk at the garden party'Massachusetts Lawyers Weekly, Mar 19 2015 Read more »
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Prosecute Tsarnaev again? Really?Massachusetts Lawyers Weekly, Jul 27 2015 Read more »
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Opinions I Should Have WrittenNorthwestern University Law Review, Feb 1 2016 Read more »
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Judicial Discretion in Federal Sentencing -- Real or Imagined?Federal Sentencing Reporter, Feb 1 2016 Read more »
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Complicated ProcessThe Yale Law Journal, Mar 22 2016 Read more »
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Testimony before the Committee To Review the Criminal Justice Act Program
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Women and SentencingGeorgetown Law American Criminal Law Review, May 19 2020 Read more »
Briefs
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United States of America v. Edward Corsey; United States of America v. Corey HillThe Supreme Court of the United States, Feb 2 2012 Read more »Edit link:
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In re: Jeffery AuerhahnUnited States Court of Appeals for the First Circuit, Apr 9 2012 Read more »Edit link: