United States v. Johnlouis
Fifth Circuit Delivers a New Law Enforcement Functions Test for Identifying Government Actors.
Vol. 136 No. 3
Criminal Justice
The Occasions Clause Paradox
Vol. 136 No. 2
Introduction The Armed Career Criminal Act (ACCA) mandates an enhanced sentence when a felon in possession of a firearm was previously convicted of at...
Wooden v. United States
Vol. 136 No. 1
The Armed Career Criminal Act (ACCA) imposes lengthy sentences on those who possess firearms after committing violent felonies on three or more different “occasions.”...
Shinn v. Ramirez
Vol. 136 No. 1
Ten years ago, the Supreme Court held in Martinez v. Ryan that ineffective assistance of postconviction counsel, in an initial-review proceeding, may establish cause...
Public Carry and Criminal Law after Bruen
Vol. 135 No. 8
Introduction Gun rights supporters appear to be on the cusp of achieving a decades-long goal: defanging licensing laws nationwide for carrying handguns in public....
Governing Through Gun Crime: How Chicago Funded Police After the 2020 BLM Protests
Vol. 135 No. 8
Gun violence is the number one issue plaguing the city in this moment. — Mayor Lori Lightfoot, July 15, 2021 There can be no...
Welfarist Prosecution
Vol. 135 No. 8
Introduction Criminal justice reform advocates have long rallied against the criminalization of poverty in the United States. It’s well established that criminal justice involvement...
Order Amending Rules 18.4 and 18.5 of the Rules of Criminal Procedure, and Rule 47(e) of the Rules of Civil Procedure, No. R-21-0020 (Ariz. 2021)
Arizona Supreme Court Abolishes Peremptory Strikes in Jury Selection
Vol. 135 No. 8
The Dangerous Few: Taking Seriously Prison Abolition and Its Skeptics
Vol. 135 No. 8
Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question...
Recidivism Reformation: Eliminating Drug Predicates
The Armed Career Criminal Act (ACCA) imposes a minimum fifteen-year sentence for violating 18 U.S.C. § 922(g) after three “violent felony” or “serious drug offense”...