Reading the Prisoner’s Letter: Attorney-Client Confidentiality in Inmate Correspendence
Reading the Prisoner's Letter: Attorney-Client Confidentiality in Inmate Correspendence No one in our society has a more compelling need to communicate in complete confidence with a lawyer than a prisoner,…
Mens Rea Reform and its Discontents
Mens Rea Reform and its Discontents This Article examines the contentious debates over recent proposals for “mens rea reform.” The substantive criminal law has expanded dramatically, and legislators have criminalized…
Torture and Respect
Torture and Respect There are two well-worn arguments against a severe punishment like long-term incarceration: it is disproportionate to the offender’s wrongdoing and an inefficient use of state resources. This…
Artificial Intelligence and Role-Reversible Judgment
Artificial Intelligence and Role-Reversible Judgment Intelligent machines increasingly outperform human experts, raising the question of when (and why) humans should remain ‘in the loop’ of decision-making. One common answer focuses…
Ziglar v. Abassi and its Effect on the Constitutional Rights of Federal Prisoners
Ziglar v. Abassi and its Effect on the Constitutional Rights of Federal Prisoners In June 2017, the Supreme Court decided Ziglar v. Abbasi and held that prisoners unlawfully detained post-9/11…
Regulating High-Frequency Trading: The Case for Individual Criminal Liability
Regulating High-Frequency Trading: The Case for Individual Criminal Liability The popular imagination of securities trading is a chaotic, physical stock exchange—a busy floor with hurried traders yelling, “buy, buy, buy!”…
Perception Versus Punishment in Cybercrime
Perception Versus Punishment in Cybercrime Read the syndicated article here
Managing Digital Discovery in Criminal Cases
Managing Digital Discovery in Criminal Cases The burdens and challenges of discovery—especially electronic discovery—are usually associated with civil, not criminal cases. This is beginning to change. Already common in white-collar…
Third-Class Citizenship: The Escalating Legal Consequences of Committing a “Violent” Crime
Third-Class Citizenship: The Escalating Legal Consequences of Committing a "Violent" Crime For many years, American legislatures have been steadily attaching a wide range of legal consequences to convictions—and sometimes even…
Toward a Just Model of Pretrial Release: A History of Bail Reform and a Prescription for What’s Next
Toward a Just Model of Pretrial Release: A History of Bail Reform and a Prescription for What's Next The criminal justice system is in the midst of the “third wave”…
Principles of Pretrial Release: Reforming Bail Without Repeating its Harms
Principles of Pretrial Release: Reforming Bail Without Repeating its Harms Bail reform is happening. Across the country, jurisdictions are beginning to recognize that contemporary pretrial systems rooted in money bail…
Assessing Dangerousness Amidst Racial Stereotypes: An Analysis of the Role of Racial Bias in Bond Decisions and Ideas for Reform
Assessing Dangerousness Amidst Racial Stereotypes: An Analysis of the Role of Racial Bias in Bond Decisions and Ideas for Reform The problems of mass incarceration in the United States and…