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…
Coercion, Trauma, and Grief in the Interrogation Room: Documenting and Analyzing Cases of False Confessions to Murder of a Family Member
Coercion, Trauma, and Grief in the Interrogation Room: Documenting and Analyzing Cases of False Confessions to Murder of a Family Member This article examines the phenomenon of false confessions in…
Institutional Structures of Penal Inequality
Institutional Structures of Penal Inequality The penal apparatus is a bundle of wildly divergent practices. Police in some cities use more force than others. Prosecutors in some jurisdictions file charges…
Probation Without a Home: How Probation Maintains Barriers to Successful Completion While Homeless
Probation Without a Home: How Probation Maintains Barriers to Successful Completion While Homeless Following the Supreme Court’s decision in Grants Pass v. Johnson, national attention is being brought to discussions…