Uncharted Waters: Addressing the Shortcomings of Criminal Liability Under the Clean Water Act by Charging Water Polluters with Assault
Uncharted Waters: Addressing the Shortcomings of Criminal Liability Under the Clean Water Act by Charging Water Polluters with Assault Water pollution incidents pose both acute and long-term risks to human…
Freedom of Speech and Criminal Solicitation
Freedom of Speech and Criminal Solicitation Although criminal solicitation is recognized as one of the “historic and traditional categories” of unprotected speech, courts’ understanding of this doctrine remains limited and…
Connecting Mens Rea and Actus Reus: Toward a New Theory of Correspondence
Connecting Mens Rea and Actus Reus: Toward a New Theory of Correspondence The justifiable imposition of criminal liability requires more than possession of mens rea and performance of an actus…
Rebutting the Presumption: A Constitutional Theory of Pre-Trial Asset Seizures and Procedural Due Process
Rebutting the Presumption: A Constitutional Theory of Pre-Trial Asset Seizures and Procedural Due Process In this Comment, I trace the origins and examine the current state of the doctrine on…
Revisiting Robinson: How Courts Can Preserve the Status Crimes Doctrine After Grants Pass
Revisiting Robinson: How Courts Can Preserve the Status Crimes Doctrine After Grants Pass Prior to the Supreme Court’s 2024 decision in City of Grants Pass v. Johnson, legal advocates for the…
Police Reform as System Justification
Police Reform as System Justification System Justification Theory (SJT) provides a useful lens through which to critique recent police reform efforts. SJT posits that members of society tend to justify…
An Upside of Originalism? Jury Size
An Upside of Originalism? Jury Size Originalists have taken over the Supreme Court, and many commentators are up in arms. This historical approach to constitutional interpretation can entrench historical biases,…
True Threats, Public Safety, and Free Speech: An Empirical Analysis of Counterman’s Consequences
True Threats, Public Safety, and Free Speech: An Empirical Analysis of Counterman's Consequences Many scholars expected the Supreme Court’s Counterman decision to significantly reshape true threat law, undermining public safety while expanding…
Eagle Eyes: How the Chicago Police Department’s Video Surveillance Network is Used to Fight Crime and its Fourth Amendment Implications
Eagle Eyes: How the Chicago Police Department’s Video Surveillance Network is Used to Fight Crime and its Fourth Amendment Implications Chicago, Illinois, is home to over million individuals living under…
Striking Out Bias: A Path Toward Ending Religion-Based Peremptory Strikes
Striking Out Bias: A Path Toward Ending Religion-Based Peremptory Strikes Peremptory strikes, while designed to craft fair and impartial juries, carry with them the potential for discriminatory use. Cognizant of…
Paying Financial Sanctions via Incarceration: A Case Study of “Sitting Out”
Paying Financial Sanctions via Incarceration: A Case Study of “Sitting Out” This Article provides a comprehensive statewide study of a practice by which courts order defendants to pay financial sanctions—fines,…
Criminal Data Function Creep
Criminal Data Function Creep Automated, data-driven decision-making can create unfair outcomes and lead to discrimination. This Article considers a relatively ubiquitous part of modern life that is increasingly automated: the…