Search Faculty Publications
TONJA JACOBI
2022
Articles
- A Solution for the Third-Party Doctrine in a Time of Data Sharing, Contact Tracing, and Mass Surveillance, 97 Notre Dame Law Review 823 (2022) (Co-authored by: Dustin Stonecipher).
Op-Eds/Blog Posts/Popular Press
- Op-Ed: In Voting Rights Battle, Moderate Republicans Are Allowed to Duck the Issue, Chicago Tribune (Jan. 24, 2022) (Co-authored by: Warren Snead).
Working Papers
- The Corrosive Effect of Inevitable Discovery on the Fourth Amendment, Northwestern Public Law Research Paper No. 22-19, 171 University of Pennsylvania Law Review ___ (forthcoming 2023) (Co-authored by: Elliot Louthen).
2021
Articles
- Oral Argument in the Time of COVID: The Chief Plays Calvinball, 30 Southern California Interdisciplinary Law Journal 399 (2021) (Co-authored by: Timothy R. Johnson, Eve M. Ringsmuth & Matthew Sag).
- Terry Stops in the Shadow of Exclusion, 47 Search & Seizure Law Report 95 (2021) (Co-authored by: Ross Berlin).
Op-Eds/Blog Posts/Popular Press
- This Supreme Court Guards the First Amendment – and Neglects the Fourth, Washington Post (June 28, 2021).
- The Supreme Court Needs 15 Justices, Bloomberg Law (May 4, 2021) (Co-authored by: Matthew Sag).
- The Supreme Court Is the Final Hurdle for Voters’ Rights, U.s. Law Week (Mar. 31, 2021) (Co-authored by: Matthew Sag).
- Why the Senate Should Abolish the Filibuster, United States Law Week (Feb. 22, 2021).
Working Papers
- Comparative Exceptionalism? Strategy and Ideology in the High Court of Australia, Northwestern Public Law Research Paper No. 21-25, Northwestern Law & Econ Research Paper No. 21-05, ___ American Journal Of Comparative Law ___ (forthcoming 2021) (Co-authored by: Zoe Robinson & Patrick Leslie).
2020
Articles
- 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).
- Judicial Choice Among Cases for Certiorari, 27 Supreme Court Economic Review 117 (2019) (Co-authored by: Álvaro E. Bustos).
Op-Eds/Blog Posts/Popular Press
- ScotusOA in the Supreme Court’s 2020 Term: New Concepts for the Telephonic Era, SCOTUS OA (Oct. 1, 2020) (Co-authored by: Matthew Sag).
- Week Two of the 2020 Supreme Court Term, SCOTUS OA (Oct. 16, 2020) (Co-authored by: Matthew Sag).
- The High Court’s Telephonic Oral Arugments Mute Its Female and Liberal Justices, Washington Post (Sept. 18, 2020).
- Does John Roberts Need to Check His Own Biases?, New York Times (June 2, 2020) (Co-authored by: Leah Litman).
2019
Articles
- 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).
- Taking Laughter Seriously at the Supreme Court, 72 Vanderbilt Law Review 1423 (2019) (Co-authored by: Matthew Sag).
- The New Oral Argument: Justices as Advocates, 94 Notre Dame Law Review 1161 (February 2019) (Co-authored by: Matthew Sag).
Op-Eds/Blog Posts/Popular Press
- Standards for Police Are Low Enough. Supreme Court Must Stand Against Police Retaliation, USA Today (Mar. 29, 2019).
2018
Articles
- Judicial Conflicts and Voting Agreement: Evidence from Interruptions at Oral Argument, 59 Boston College Law Review 2259 (2018) (Co-authored by: Kyle Rozema).
- Supreme Irrelevance: The Court’s Abdication in Criminal Procedure Jurisprudence, 51 Uc Davis Law Review 2033 (2018) (Co-authored by: Ross Berlin).
Contributions to Books
- Judicial Review as a Self-Stabilizing Constitutional Mechanism, in Comparative Judicial Review 185 (Erin F. Delaney & Rosalind Dixon eds. 2018) (Co-authored by: Sonia Mittal and Barry R. Weingast).
Op-Eds/Blog Posts/Popular Press
- SCOTUS OA: FORECASTS AND REVIEW OF U.S. SUPREME COURT ORAL ARGUMENT, ScotusOA.COM (2018) (Co-authored by: Matthew Sag).
- 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).
2017
Articles
- The Future of Terry in the Car Context (Terry at 50 Symposium), 15 Ohio State Journal of Criminal Law 89 (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
Articles
- Miranda 2.0, 50 Uc Davis Law Review 1 (2016).
- A Theory of Judicial Retirement, 17 American Law and Economics Review 529 (2015) (Co-authored by: Alvaro Bustos).
- The Second Dimension of the Supreme Court, 57 William & Mary Law Review 1671 (2016) (Co-authored by: Joshua Fischman).
- Why Judges Always Vote, 43 International Review of Law and Economics 190 (2015) (Co-authored by: Eugene Kontorovich).
2015
Articles
- 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).
- Communicating Judicial Retirement, 43 International Review of Law and Economics 107 (2015) (Co-authored by: Alvaro Bustos).
- Criminal Innovation and the Warrant Requirement: Reconsidering the Rights-Police Efficiency Trade-Off, 56 William and Mary Law Review 759 (2015).
Working Papers
- The Hidden Psychology of Constitutional Criminal Procedure (Co-authored by: Jesse-Justin Cuevas).
2014
Articles
- Strategic Judicial Preference Revelation, 30 Journal of Law and Economics 113-137 (Co-authored by: Alvaro Bustos).
- The Attrition of Rights under Parole, 87 Southern California Law Review 887-976 (2014) (Co-authored by: Song Richardson, and Gregory Barr).
- Obamacare as a Window on Judicial Strategy, 80 Tennessee Law Review 763-845.
Contributions to Books
- A Strategy of Increasing Judicial Power in NFIB v. Sebelius, in The Affordable Care Act: Philosophical and Legal Implications 89-102 (Fritz Allhoff and Mark Hall eds. 2014).
2013
Articles
- 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).
- 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).
- 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).
Contributions to Books
- The Exclusionary Rule: Its Effect on Innocence and Guilt, in The Constitution and the Future of Criminal Justice in America (John T. Parry and L. Song Richardson eds. 2013).
2012
Articles
- A Positive Political Theory of Rules and Standards, 2012 University of Illinois Law Review 1 (Co-authored by: Emerson Tiller, and Frank Cross).
2011
Articles
- The Law and Economics of the Exclusionary Rule, 87 Notre Dame Law Review 585 (2012).
2010
Articles
- The Strategic Analysis of Judicial Decisions, 6 Annual Review of Law & Social Science 341-358 (2010) (Co-authored by: Lee Epstein ).
- 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 ).
Contributions to Books
- The Judiciary , in Public Choice and Public Law (Dan Farber and Anne Joseph O’Connelleds.).
- Research Handbooks in Law and Economics Series (Richard Posner and Francesco Parisi eds. 2010).
2009
Articles
- Taking the Measure of Ideology: Empirically Measuring Supreme Court Cases , 98 Georgetown Law Journal 1-75 (2009) (Co-authored by: Matthew Sag ).
- Competing Models of Judicial Coalition Formation and Case Outcome Determination , 1 Journal of Legal Analysis 411-458 (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).
- 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
Articles
- Super Medians, 61 Stanford Law Review 37-99 (2008) (Co-authored by: Lee Epstein ).
- 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
Articles
- 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.
- 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
Articles
- 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.
- 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).
Contributions to Books
- Cruel and Unusual Punishment , in The Encyclopedia of American Civil Liberties (2006).
- The New Separation of Powers: Integrating the Study of American Politics, in Handbook of Political Economy (Barry R. Weingast and Donald Wittman eds. 2006) (Co-authored by: Rui de Figueiredo, and Barry R. Weingast ).
2005
Articles
- The Senatorial Courtesy Game: Explaining the Norm of Informal Vetoes in Advice and Consent Nominations, 30 Legislative Studies Quarterly 193 (2005).
2002
Articles
- Same-Sex Marriage: Implications of Legislative Remand for the Judiciary’s Role, 26 Vermont Law Review 381-406 (2002).