Search Faculty Publications

TONJA JACOBI

2020

Newspaper Articles

September 2020

• The High Court’s Telephonic Oral Arugments Mute Its Female and Liberal Justices, Washington Post (Sept. 18, 2020).

June 2020

• Does John Roberts Need to Check His Own Biases?, New York Times (June 2, 2020) (Co-authored by: Leah Litman).

Other

October 2020

• ScotusOA in the Supreme Court’s 2020 Term: New Concepts for the Telephonic Era at SCOTUS OA (Oct. 1, 2020) (Co-authored by: Matthew Sag).

• Week Two of the 2020 Supreme Court Term at SCOTUS OA (Oct. 16, 2020) (Co-authored by: Matthew Sag).

Periodical Articles

August 2020

• Querying the Gender Dynamics of Interruptions at Australian Oral Argument, 4 University of New South Wales Law Journal Forum 1 (2020) (Co-authored by: Zoë Robinson & Patrick Leslie).

March 2020

• Judicial Choice Among Cases for Certiorari, 27 Supreme Court Economic Review 117 (2019) (Co-authored by: Álvaro E. Bustos).

SSRN

August 2020

• Oral Argument in the Time of COVID: The Chief Plays Calvinball.

2019

Newspaper Articles

March 2019

• Standards for Police Are Low Enough. Supreme Court Must Stand Against Police Retaliation, USA Today (Mar. 29, 2019).

Periodical Articles

December 2019

• Justice, Interrupted: The Effect of Gender, Ideology, and Seniority at Supreme Court Oral Arguments, 103 Virginia Law Review 1379 (2017) (Co-authored by: Dylan Schweers) republished in HANNAH BRENNER & RENEE KNAKE, GENDER, POWER, LAW & LEADERSHIP (2020).

November 2019

• Taking Laughter Seriously at the Supreme Court, 72 Vanderbilt Law Review 1423 (2019) (Co-authored by: Matthew Sag).

February 2019

• The New Oral Argument: Justices as Advocates, 94 Notre Dame Law Review 1161 (February 2019) (Co-authored by: Matthew Sag).

2018

Contributions to Books etc.

September 2018

• Judicial Review as a Self-Stabilizing Constitutional Mechanism in comparative Judicial Review, edited by Erin F. Delaney & Rosalind Dixon (2018) at Page 185 (Co-authored by: Sonia Mittal and Barry R. Weingast).

Newspaper Articles

April 2018

• Supreme Court Justices Are Speaking up More Because They’re Not Afraid to Be Partisan, Washington Post (Apr. 6, 2018) (Co-authored by: Matthew Sag).

Other

August 2018

• SCOTUS OA: FORECASTS AND REVIEW OF U.S. SUPREME COURT ORAL ARGUMENT at ScotusOA.COM (2018) (Co-authored by: Matthew Sag).

Periodical Articles

October 2018

• Judicial Conflicts and Voting Agreement: Evidence from Interruptions at Oral Argument, 59 Boston College Law Review 2259 (2018) (Co-authored by: Kyle Rozema).

June 2018

• Supreme Irrelevance: The Court’s Abdication in Criminal Procedure Jurisprudence, 51 Uc Davis Law Review 2033 (2018) (Co-authored by: Ross Berlin).

2017

Periodical Articles

December 2017

• The Future of Terry in the Car Context (Terry at 50 Symposium), 15 Ohio State Journal of Criminal Law 89 (2017).

March 2017

• Justice, Interrupted: The Effect of Gender, Ideology and Seniority at Supreme Court Oral Arguments, Northwestern Law & Economics Research Paper No. 17-03, ___ Virginia Law Review ___ (forthcoming 2017) (Co-authored by: Dylan Schweers).

2016

Periodical Articles

December 2016

• Miranda 2.0, 50 Uc Davis Law Review 1 (2016).

July 2016

• A Theory of Judicial Retirement, 17 American Law And Economics Review 529 (2015) (Co-authored by: Alvaro Bustos).

June 2016

• The Second Dimension of the Supreme Court, 57 William & Mary Law Review 1671 (2016) (Co-authored by: Joshua Fischman).

January 2016

• Why Judges Always Vote, 43 International Review of Law And Economics 190 (2015) (Co-authored by: Eugene Kontorovich).

2015

Periodical Articles

September 2015

• The Second Dimension of the Supreme Court, William & Mary Law Review (forthcoming) (Co-authored by: Joshua Fischman).

• Creating a Self-Stabilizing Constitution: The Role of the Takings Clause, 110 Northwestern University Law Review 601 (2015) (Co-authored by: Sonia Mittal and Barry Weingast).

July 2015

• Communicating Judicial Retirement, 43 International Review of Law And Economics 107 (2015) (Co-authored by: Alvaro Bustos).

April 2015

• Criminal Innovation and the Warrant Requirement: Reconsidering the Rights-Police Efficiency Trade-Off, 56 William And Mary Law Review 759 (2015).

SSRN

September 2015

• Miranda 2.0.

• The Hidden Psychology of Constitutional Criminal Procedure.

2014

Contributions to Books etc.

February 2014

• A Strategy of Increasing Judicial Power in NFIB v. Sebelius in The Affordable Care Act: Philosophical And Legal Implications, edited by Fritz Allhoff and Mark Hall (Routledge 2014) at Pages 89-102.

Periodical Articles

August 2014

• Strategic Judicial Preference Revelation, 30 Journal of Law And Economics 113-137 (Co-authored by: Alvaro Bustos).

July 2014

• The Attrition of Rights under Parole, 87 Southern California Law Review 887-976 (2014) (Co-authored by: Song Richardson, and Gregory Barr).

February 2014

• Obamacare as a Window on Judicial Strategy, 80 Tennessee Law Review 763-845.

2013

Contributions to Books etc.

September 2013

• The Exclusionary Rule: Its Effect on Innocence and Guilt in The Constitution And The Future of Criminal Justice In America, edited by John T. Parry and L. Song Richardson (Cambridge University Press 2013).

Periodical Articles

November 2013

• The Filibuster and Reconciliation: The Future of Majoritarian Lawmaking in the U.S. Senate, 47 Uc Davis Law Review 261 (2013) (Co-authored by: Jeff Vandam).

September 2013

• The Attrition of Rights under Parole, 87 Southern California Law Review (forthcoming 2014) (Co-authored by: Song Richardson and Gregory Barr).

• Strategic Judicial Preference Revelation, 57 Journal of Law And Economics (forthcoming 2014) (Co-authored by: Alvaro Bustos).

February 2013

• League Structure & Stadium Rent Seeking—The Role of Antitrust Revisited, 65 Florida Law Review 1-72 (2013) (Co-authored by: David Haddock, and Matthew Sag).

2012

Periodical Articles

January 2012

• A Positive Political Theory of Rules and Standards, 2012 University of Illinois Law Review 1 (Co-authored by: Emerson Tiller, and Frank Cross).

2011

Periodical Articles

December 2011

• The Law and Economics of the Exclusionary Rule, 87 Notre Dame Law Review 585 (2012).

2010

Contributions to Books etc.

October 2010

• The Judiciary in Public Choice And Public Law, edited by Dan Farber and Anne Joseph O’Connell.

• Research Handbooks in Law and Economics Series, edited by Richard Posner and Francesco Parisi (Edward Elgar Publishing 2010).

Periodical Articles

November 2010

• The Strategic Analysis of Judicial Decisions, 6 Annual Review of Law & Social Science 341-358 (2010) (Co-authored by: Lee Epstein ).

January 2010

• How the Dissent Becomes the Majority: Using Federalism to Transform Coalitions in the U.S. Supreme Court , 59 Duke Law Journal 183-283 (2009) (Co-authored by: Vanessa Baird ).

2009

Periodical Articles

October 2009

• Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases , 98 Georgetown Law Journal 1-75 (2009) (Co-authored by: Matthew Sag ).

September 2009

• Competing Models of Judicial Coalition Formation and Case Outcome Determination , 1 Journal of Legal Analysis 411-458 (2009).

August 2009

• Judicial Agenda Setting through Signaling and Strategic Litigant Responses, 29 Journal of Law And Policy 215-239 (2009) (Co-authored by: Vanessa A. Baird ).

• Ideology and Exceptionalism in Intellectual Property: An Empirical Study, 97 California Law Review 801-856 (2009) (Co-authored by: Matthew Sag and Maxim Sytch).

April 2009

• The Role of Politics and Economics in Explaining Variation in Litigation Rates in the U.S. States , 38 Journal of Legal Studies 205-233 (2009).

2008

Periodical Articles

November 2008

• Super Medians, 61 Stanford Law Review 37-99 (2008) (Co-authored by: Lee Epstein ).

February 2008

• The Judicial Signaling Game: How Judges Strategically Shape Their Dockets, 16 Supreme Court Economic Review 1-38 (2008).

• Acknowledging Guilt: Forcing Self-Identification in Post-Conviction DNA Testing , 102 Northwestern University Law Review 263-306 (2008) (Co-authored by: Gwendolyn Carroll).

2007

Periodical Articles

May 2007

• Legal Doctrine and Political Control , 23 Journal of Law, Economics, & Organization 326-345 (2007) (Co-authored by: Emerson Tiller ) Available at SSRN: http://ssrn.com/abstract=1022132.

January 2007

• How Massachusetts Got Gay Marriage: The Intersection of Popular Opinion, Legislative Action, and Judicial Power , 15 Journal of Contemporary Legal Issues 219-241 (2006).

2006

Contributions to Books etc.

September 2006

• Cruel and Unusual Punishment in The Encyclopedia of American Civil Liberties (Routledge 2006).

August 2006

• The New Separation of Powers: Integrating the Study of American Politics in Handbook of Political Economy, edited by Barry R. Weingast and Donald Wittman (Oxford University Press 2006) (Co-authored by: Rui de Figueiredo, and Barry R. Weingast ).

Periodical Articles

May 2006

• Sharing the Love: The Political Power of Remedial Delay in Same-Sex Marriage Cases, 15 Law & Sexuality 11-58 (2006).

• The Subtle Unraveling of Federalism: The Illogic of Using State Legislation as Evidence of an Evolving National Consensus, 84 North Carolina Law Review 1089-1158 (2006) Available at SSRN: http://ssrn.com/abstract=1022132.

January 2006

• The Impact of Positive Political Theory on Old Questions of Constitutional Law and the Separation of Powers, 100 Northwestern University Law Review 259-278 (2006).

2005

Periodical Articles

May 2005

• The Senatorial Courtesy Game: Explaining the Norm of Informal Vetoes in Advice and Consent Nominations, 30 Legislative Studies Quarterly 193 (2005).

2002

Periodical Articles

July 2002

• Same-Sex Marriage: Implications of Legislative Remand for the Judiciary’s Role, 26 Vermont Law Review 381-406 (2002).