United States v. Bryant
Eleventh Circuit Creates Circuit Split by Holding that the FIRST STEP Act Does Not Grant Courts the Authority to Determine What Circumstances Justify Compassionate Release
Vol. 135 No. 4
Criminal Law
In re Humphrey
California Supreme Court Holds Detention Solely Because of Inability to Pay Bail Unconstitutional
Vol. 135 No. 3
Unearthing Original Disputes in Criminal Adjudication
Vol. 135 No. 2
Criminal prosecution is rampant within the United States. Politicians, legal scholars, and activists have cried for reform or abolition. Some of those cries have...
To the States: Reflections on Jones v. Mississippi
Vol. 135 No. 1
The day that ended the Trump Presidency also confirmed its lasting hold on the Eighth Amendment’s future. On November 3, 2020, I argued before...
Taylor v. Riojas
Vol. 135 No. 1
Qualified immunity protects government officers from being sued for damages unless they have violated “clearly established” law. Following the high-profile police killings of spring...
United States v. Trice
Sixth Circuit Holds that Apartment Hallway Wall Is Not Curtilage.
Vol. 134 No. 8
Policing the Emergency Room
Vol. 134 No. 8
The problems of policing extend beyond the street and into areas of our lives that are often hidden from view. This Article focuses on...
The President’s Conditional Pardon Power
Vol. 134 No. 8
The President’s pardon power is a near-blank check hidden among the Constitution’s checks and balances. Despite substantial hand-wringing about possible abuses of the power,...
United States v. Jones
Seventh Circuit Holds Above-Guidelines Sentence Was Inadequately Justified, But Foreshadows Same Sentence on Remand.
Vol. 134 No. 8
Commonwealth v. McCarthy
Massachusetts Supreme Judicial Court Holds that Use of Automated License Plate Readers May Constitute a Search.
Vol. 134 No. 8