Judge Morris Hoffman

This adjunct professor is not teaching at Colorado Law this semester.

Adjunct Faculty

2nd Judicial District Court
1437 Bannock St., Rm. 256
Denver, CO  80202
E-mail: morris.hoffman@judicial.state.co.us

Judge Hoffman was appointed to the Denver District Court in December 1990. He has served in all divisions, and presided over the Denver Grand Jury for 11 years. He is chair of the Colorado Supreme Court's Panel on Multidistrict Litigation and is a member of the Colorado Supreme Court's Criminal Rules Committee. He has received many awards, including the 2004 Law School Alumni Award for Distinguished Service in the Judiciary, the 2000 American Board of Trial Advocate's Judicial Excellence Award, the 1995-96 Denver Bar Association Judicial Excellence Award, and the 1989-90 Colorado Bar Association Civil Litigator Award. Prior to his appointment Judge Hoffman was in private practice in Denver, specializing in commercial litigation, real estate and bankruptcy. He graduated with honors in mathematics from the University of Colorado, and received his law degree from the University of Colorado School of Law, where he was managing editor of the Law Review. He has published extensively, in journals including the University of Chicago Law Review, Stanford Law Review, NYU Law Review, Duke Law Journal, in collections published by the Royal Society and Oxford, and on the op-ed pages of national newspapers. He has lectured on law and biology across the country and in England. He is a member of the John D. and Catherine T. MacArthur Foundation's Research Network on Law and Neuroscience, and a research fellow at the Gruter Institute for Law and Behavioral Research. He was nominated in 2002 to be a fellow at Stanford's Center for the Advanced Study in the Behavioral Sciences. He has two adult children, and lives in Denver with his wife Kate, also a law graduate of the University of Colorado.

Works In Progress

How the Brain Punishes (with F. Kruger).
The Behavioral and Neural Effects of Beliefs in Free Will on Punishment (with F. Kruger, et al.).
The Punisher's Brain: An Evolutionary History of Judge and Jury, to be published by the Cambridge University Press in 2013.
Unpacking the Psychological and Neural Components of Third-Party Punishment (with F. Krueger, K.McCabe, et al.).


Criminal Psychopaths: History, Neuroscience & Economics (with K. Kiehl), 51 Jurimetrics 355 (2011).
Problem Solving Courts and the Psycho-Legal Error, essay to be published in PENNumbra, the on-line companion to the University of Pennsylvania Law Review (2011).
Ten Legal Dissonances, 62 Mercer L. Rev. 989 (2011).
Evolutionary Jurisprudence: The End of the Naturalistic Fallacy and the Beginning of Natural Reforms?, in LAW AND NEUROSCIENCE: CURRENT LEGAL ISSUES 2010 VOLUME 13 483 (M. Freeman, ed., Oxford 2011).
Sorting Guilty Minds, 86 N.Y.U. L. Rev. 2011, (with F. Shen, O. Jones, J. Greene and R. Marois).
Law, Economics and Neuroethical Realism, in Criminal Law Conversations (P. Robinson, et al., eds., Oxford 2009).
Law and Biology, 8 J. Phil., Science & L. (on-line only) (2008).
Rediscovering the Law's Moral Roots, 103 Nw. U. L. Rev. Colloquy 13 (2008).
The Myth of Factual Innocence, 82 Chi.-Kent L. Rev. 663 (Symposium: The 50th Anniversary of 12 Angry Men) (2007).
Hoffman (with Stephen J. Morse), The Uneasy Entente Between Insanity and Mens Rea, 97 J. Crim. L. & Criminology 1071 (2007).
Peremptory Challenges Must Go: A Reply to Lisa Blue, 15 Voir Dire 7 (2006).
Booker, Pragmatism and the Moral Jury, 13 George Mason L. Rev. 455 (2005).
Hoffman (with William T. Pizzi), Taking Miranda's Pulse, 58 Vanderbilt L. Rev. 813 (2005).
Hoffman (with Paul Rubin and Joanna Shepherd), An Empirical Study of Public Defender Effectiveness: Self-Selection by the "Marginally Indigent,", 3 Ohio St. J. Crim. L. 223 (2005).
The Neuroeconomic Path of the Law, "Law and the Brain," a peer-reviewed special issue of The Royal Society's Philosophical Transactions B (Biology), 359 Phil. Trans. R. Soc. Lond. B 1667 (November 2004),reprinted in book form by the Oxford University Press in March 2006 (2004).
Hoffman (with Timothy H. Goldsmith), The Biological Roots of Punishment, 1 Ohio St. J. Crim. L. 627 (2004).
Hoffman (with Timothy H. Goldsmith), Bench Versus Trench: A Judge and an Academic Debate the Affirmative Action Cases, The Gruter Institute Working Papers on Law, Economics and Evolutionary Biology (Berkeley Electronic Press) (2004). abstract
Written Comments to the ABA's Justice Kennedy Commission, also gave oral testimony before the Commission in Washington, D.C., on November 13, 2003 (2003).
"He Hit Me First: A Parent's Guide to Virginia v. Maryland", The Legal Times (October 6) (2003).
A Neo-Retributionist Concurs with Professor Nolan, 40 Am. Crim. L. Rev. (Georgetown) 1567 (2003). abstract
The Case for Jury Sentencing, 52 Duke L.J. 951 (2003).
The Rehabilitative Ideal and the Drug Court Reality and A Reply to Messrs. Meyer and Ritter, 14 Fed. Sent. Rep. 172, 186 (2003).
Therapeutic Jurisprudence, Neo-Rehabilitationism, and Judicial Collectivism: The Least Dangerous Branch Becomes Most Dangerous, 29 Fordham Urb. L.J. 2063 (June) (2002).
Hoffman (with William T. Pizzi), Jury Selection Errors on Appeal, 38 Am. Crim. L. Rev. (Georgetown) 1391 (2001).
Test Your Knowledge of Jury History and Procedures, 4 The Green Bag 2d 461 (2001).
The Drug Court Scandal, 78 N.C.L. Rev. 1437 (2001).
Peremptory Challenges: Lawyers Are From Mars, Judges Are From Venus, 3 The Green Bag 2d 135 (2000).
Populist Pabulum: A Book Review of A. Amar's and A. Hirsch's For the People, What the Constitution Really Says About Your Rights,, 2 The Green Bag 2d 97 (1998).
Peremptory Challenges Should Be Abolished: A Trial Judge's Perspective, 64 U. Chi. L. Rev. 809 (1997). abstract
Top Ten Trial Mistakes, The Docket (1993). abstract
The Effect of the Bankruptcy Stay on State Court Litigation, 19 Colo. Lawyer 243 (1990).
Partial Redemption in Colorado Foreclosures,, 67 Den. L. Rev. 61 (1990).
The Gramm-Rudmanization of Colorado Court Reform, The Docket (May 1989) (1989).
The Constitutionality of Mandatory Arbitration, 18 Colo. Lawyer 455 (May) (1988).
Impleader Under Rule 14(a): Will the Practice in Colorado Ever Catch Up With the Theory, 17 Colo. Lawyer 635 (April) (1988).
Hoffman (with Philip E. Johnson), Inadequacy of Sales Price at Judicially Ordered Sales of Real Property, 12 Colo. Lawyer 1435 (Sept.) (1983).
Hoffman (with Jacques S. Ruda), Overview of Hazardous Waste Regulation Under RCRA, 10 Colo. Lawyer 235 (Feb.) (1981).
Antitrust Standing: Congress Responds to Illinois Brick, 1978 Wash. U. L.Q. 529 (1978).
Knowledge and Priorities Under Article Nine: A Proposed Rule Change in the Race of Diligent Creditors, 47 U. Colo. L. Rev. 467 (1976).

Other Publications

Free Market Justice, op-ed, New York Times, January 8 (2007).
The Innocence Myth, op-ed, Wall Street Journal, April 26 (2007).
Hoffman (with Stephen J. Morse), "The Insanity Defense Goes Back on Trial", op-ed, New York Times, July 30 (2006).
"Unnatural Selection", op-ed, New York Times, March 7 (2006). abstract
"Ruling from the Head, Not the Heart", op-ed, New York Times, October 21 (2005). abstract
Hoffman (with two Emory University economists, Paul Rubin and Joanna Shepherd), An Empirical Study of Public Defender Effectiveness: Self-Selection by the "Marginally Indigent", 3 Ohio St. J. Crim. L. 223 (2005).

Book Chapters

The Denver Drug Court and Its Unintended Consequences, in Drug Courts in Theory and in Practice 67 J. Nolan, ed. (2002).
Colorado Civil Procedure Forms and Commentary, West's Colorado Practice Series 324-39, 517-39 (1996 and 2004 eds.) (1996). abstract

Book Reviews

Law Without Values, The Life and Legacy of Justice Holmes, by Albert W. Alschuler, 54 Stan. L. Rev. 597 (2001).