Constitutional Pandemic Surveillance
Constitutional Pandemic Surveillance How do people view governmental pandemic surveillance? And how can their views inform courts considering the constitutionality of digital monitoring programs aimed at containing the spread of…
Toward a More Perfect Trial: Amending Federal Rules of Evidence 106 and 803 to Complete the Rule of Completeness
Toward a More Perfect Trial: Amending Federal Rules of Evidence 106 and 803 to Complete the Rule of Completeness The common law Rule of Completeness was designed to prevent parties…
Rethinking Reverse Location Search Warrants
Rethinking Reverse Location Search Warrants The conflict between personal liberty and collective security has challenged Americans throughout the ages. The reverse location search warrant, which provides police officers with the…
Minding the Gap in Domestic Violence Legislation: Should States Adopt Course of Conduct Laws?
Minding the Gap in Domestic Violence Legislation: Should States Adopt Course of Conduct Laws? In the United States, there is a gap between the way that sociologists, psychologists, legal scholars,…
“Defund the (School) Police”? Bringing Data to Key School-to-Prison Pipeline Claims
"Defund the (School) Police"? Bringing Data to Key School-to-Prison Pipeline Claims Nationwide calls to “Defund the Police,” largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls…
Missing the Misjoinder Mark: Improving Criminal Joinder of Offenses in Capital-Sentencing Jurisdictions
Missing the Misjoinder Mark: Improving Criminal Joinder of Offenses in Capital-Sentencing Jurisdictions In all state and federal jurisdictions in the United States, joinder allows prosecutors to join multiple offenses against…
Capital Felony Merger
Capital Felony Merger Capital felony murder statutes continue to enable states to sentence criminal defendants to death. These are often individuals who possessed no intent to kill and, in some…
Regional International Juvenile Incarceration Models as a Blueprint for Rehabilitative Reform of Juvenile Criminal Justice Systems in the United States
Regional International Juvenile Incarceration Models as a Blueprint for Rehabilitative Reform of Juvenile Criminal Justice Systems in the United States Adolescence marks a unique and transformative time in a person’s…
Pregnant and Detained: Constitutional Rights and Remedies for Pregnant Detainees
Pregnant and Detained: Constitutional Rights and Remedies for Pregnant Detainees Over the last thirty years, the United States has increasingly expanded what is already the largest immigration detention system in…
Defending Constitutional Rights in Imbalanced Courtrooms
Defending Constitutional Rights in Imbalanced Courtrooms Safeguarding Fourth Amendment protections is critical to preserving individual privacy rights and fostering positive perceptions of police legitimacy within communities. Maintaining an effective accountability…
The Modern Common Law of Crime
The Modern Common Law of Crime Two visions of American criminal law have emerged. The first vision is that criminal law is statutory and posits that legislatures, not courts, draft…
Prison Abolition: From Naïve Idealism to Technological Pragmatism
Prison Abolition: From Naïve Idealism to Technological Pragmatism The United States is finally recoiling from the mass incarceration crisis that has plagued it for half a century. The world’s largest…