Risk-Based Sentencing and the Principles of Punishment
Risk-Based Sentencing and the Principles of Punishment Risk-based sentencing regimes use an offender’s statistical likelihood of returning to crime in the future to determine the amount of time he or…
Civil Rights Litigation in the Lower Courts: The Justice Barrett Edition
Civil Rights Litigation in the Lower Courts: The Justice Barrett Edition Now that Justice Amy Coney Barrett has joined the United States Supreme Court, most observers predict the law will…
Recalibrating Qualified Immunity: How Tanzin v. Tanvir, Taylor v. Riojas, and McCoy v. Alamu Signal the Supreme Court’s Discomfort with the Doctrine of Qualified Immunity
Recalibrating Qualified Immunity: How Tanzin v. Tanvir, Taylor v. Riojas, and McCoy v. Alamu Signal the Supreme Court's Discomfort with the Doctrine of Qualified Immunity In December 2020, the United…
Prison Medical Deaths and Qualified Immunity
Prison Medical Deaths and Qualified Immunity The defense of qualified immunity for claims seeking monetary damages for constitutionally inadequate medical care for people who are incarcerated is misguided. According to…
Policing Suspicion: Qualified Immunity and “Clearly Established” Standards of Proof
Policing Suspicion: Qualified Immunity and "Clearly Established" Standards of Proof This Article explores the intersection of Fourth Amendment standards of proof and the “clearly established” prong of qualified immunity. It…
Qualified Immunity and Unqualified Assumptions
Qualified Immunity and Unqualified Assumptions Read the syndicated article here
Breonna Taylor: Transforming a Hashtag into Defunding the Police
Breonna Taylor: Transforming a Hashtag into Defunding the Police How can modern policing be reformed to address police violence against Black women when it can occur at no fault of…
Don’t (Tower) Dump on Freedom of Association: Protest Surveillance Under the First and Fourth Amendments
Don't (Tower) Dump on Freedom of Association: Protest Surveillance Under the First and Fourth Amendments Government surveillance is ubiquitous in the United States and can range from the seemingly innocuous…
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,…