Eighth Amendment Recent Case

State ex rel. D.D.

Vol. 139 No. 6 Lifetime sex offender registration statutes are common across the states, and several state supreme courts have reached conflicting results in analyzing the constitutionality of...
Effective Assistance of Counsel Fellowship Essay

The Finley Failure: An Empirical Account of How Finley “No-Merit” Letters Foster a Culture of Unethical Lawyering and Undermine the Rule of Law

Vol. 139 No. 4 All lawyers are bound by the ethical rules of the legal profession. However, newly collected empirical evidence suggests that a subset of court-appointed attorneys in Pennsylvania routinely violate basic ethical principles when they employ a particular procedure: the Finley...
Criminal Procedure Articles

Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure

Vol. 138 No. 8 Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.In this Article, we pull back the curtain on the search and seizure process by presenting the largest quantitative study of warrants of any kind.