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...
Criminal Law
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
Privacy as Privilege: The Stored Communications Act and Internet Evidence
Vol. 134 No. 8
This Article exposes a profound and growing injustice that major technology companies have propagated through every level of the judiciary under the guise of...
Constitutional Waivers by States and Criminal Defendants
Vol. 134 No. 7
Where there is a right, there is (usually) a way to waive it. Where there is a waiver, the question of its validity arises....
State v. Andrews
Supreme Court of New Jersey Holds that Compelled Disclosure of Defendant’s iPhone Passcodes Does Not Violate the Self-Incrimination Clause.
Vol. 134 No. 6