Crimes Without Law: Administrative Crimes and the Nondelegation Doctrine
Crimes Without Law: Administrative Crimes and the Nondelegation Doctrine The future of the nondelegation doctrine is clouded with uncertainty. Despite the Supreme Court’s insistence that the nondelegation doctrine is an…
Sex Crimes and Progressive Prosecution: Reimagining Sex Offenses and SORN Laws as an Opportunity for Criminal Justice Reform
Sex Crimes and Progressive Prosecution: Reimagining Sex Offenses and SORN Laws as an Opportunity for Criminal Justice Reform As progressive efforts to reform the criminal legal system continue to take…
Justice Ginsburg’s Criminal Justice Legacy: Fair Tribunals, Fair Punishment
Justice Ginsburg's Criminal Justice Legacy: Fair Tribunals, Fair Punishment Scholars have written much about Supreme Court Justice Ruth Bader Ginsburg’s legacy in many areas of law, but her criminal justice…
Minimal Rationality and The Law of Evidence
Minimal Rationality and The Law of Evidence For more than a century, one of the pillars upon which the law of evidence was thought to rest is that the primary…
Yet Another Elected Power: A Case for Randomly Selected Forepersons
Yet Another Elected Power: A Case for Randomly Selected Forepersons Most United States courts require the jury to elect their own foreperson, a role that has amplified influence on the…
Police Misconduct: Combatting the Complicity Crisis
Police Misconduct: Combatting the Complicity Crisis This Comment explores the current state of police reform in the city of Chicago, with a special focus on the various oversight agencies currently…
Ending the Presumption of Reasonableness and Using Data to Reduce Sentencing Disparities
Ending the Presumption of Reasonableness and Using Data to Reduce Sentencing Disparities The idea that one’s punishment should depend on the crime committed rather than which judge happens to do…
The State[s] of Confession Law in a Post-Miranda World
The State of Confession Law in a Post-Miranda World Police interrogators often use lies, threats, subterfuge, and psychological pressure to coerce vulnerable suspects to speak. These tactics produce false confessions,…
The ‘Realness’ Key to Compelled Passcode Production
The 'Realness' Key to Compelled Passcode Production This Article explains how the Foregone Conclusion exception to the Fifth Amendment’s privilege against self-incrimination applies to compelled passcode production. The Supreme Court…
Categorical Declinations & Democracy
Categorical Declinations & Democracy The most contentious action taken by reform prosecutors has been the issuance of categorical declination policies. Opponents decry this as bureaucratic nullification of democratically enacted offenses,…
County Prosecution and State Preemption: The Confusing Politics of Criminal Legal Reform and Backlash
County Prosecution and State Preemption: The Confusing Politics of Criminal Legal Reform and Backlash Urban reform prosecutors, who are generally elected at the county level, find themselves in a tricky…
Prosecuting Police
Prosecuting Police Prosecutors face criticism for prosecuting too many minority members and too few police. Recently, some reformers have won prosecutorial elections by pledging to change these priorities. Yet scholars…