The New Negative Habeas Equity
Vol. 137 No. 8
Abstract A federal statute restricts the habeas corpus remedy, but do federal judges also have equitable discretion to deny relief to unlawfully detained prisoners?...
Criminal Procedure
Bail at the Founding
Vol. 137 No. 7
For digital images of the original records used in this Article and further information about bail in the Founding Era, please visit bailatthefounding.net. Abstract...
Coloring in the Fourth Amendment
Vol. 137 No. 6
Abstract For decades, a question has simmered in criminal procedure: Can the Fourth Amendment seizure analysis account for a suspect’s race? Scholars have long...
Eldridge v. Howard
Ninth Circuit Holds that D.C. Superior Court is Not a "State Court" for Purposes of 28 U.S.C. § 2253.
Vol. 137 No. 6
Samia v. United States
Vol. 137 No. 1
The Sixth Amendment Confrontation Clause promotes “the protection of innocence,” due process, and fair trials by extending to criminal defendants the right to cross-examine...
Dialectal Due Process
Vol. 136 No. 7
The principle of the arbitrariness of the sign is not doubted by anyone, but it is often easier to discover a truth than to...
United States v. Goliday
Seventh Circuit Applies Buyer-Seller Exception to Guilty Pleas by Drug Dealers.
Vol. 136 No. 5
United States v. Moore-Bush
First Circuit Divides on Constitutionality of Warrantless Pole-Camera Surveillance of Home's Curtilage.
Vol. 136 No. 4
United States v. Johnlouis
Fifth Circuit Delivers a New Law Enforcement Functions Test for Identifying Government Actors.
Vol. 136 No. 3
Vega v. Tekoh
Vol. 136 No. 1
Miranda v. Arizona is perhaps the best-known criminal justice decision in American history, bringing the privilege against self-incrimination “to the informal proceedings in the...