Collins v. Virginia
Vol. 132 No. 1
The axiom is familiar: searches conducted without warrants are per se unconstitutional under the Fourth Amendment — “subject only to a few specifically established...
Criminal Procedure
How Crime Pays: The Unconstitutionality of Modern Civil Asset Forfeiture as a Tool of Criminal Law Enforcement
Vol. 131 No. 8
In 1989 Attorney General Richard Thornburgh touted the benefits of civil asset forfeiture, describing how it enables “a drug dealer to serve time in...
Harmless Errors and Substantial Rights
Vol. 131 No. 8
The harmless constitutional error doctrine is as baffling as it is ubiquitous. Although appellate courts rely on it to deny relief for claimed constitutional...
The Black Police: Policing Our Own
Vol. 131 No. 7
Introduction Since Darren Wilson shot and killed Michael Brown in 2014, the problem of police violence against African Americans has been a relatively salient...
United States v. Walker
District Court Denies Plea Bargain Due to the Public Interest in Understanding the Opioid Epidemic.
Vol. 131 No. 7
Brangan v. Commonwealth
Supreme Judicial Court of Massachusetts Holds that Judges Must Issue Findings of Fact when Setting Unaffordable Bail for Indigent Defendants.
Vol. 131 No. 5
Lucero v. People
Colorado Supreme Court Holds that Aggregate Term-of-Years Sentences Can Never Implicate Eighth Amendment Restrictions on Juvenile Life Without Parole.
Vol. 131 No. 4
United States v. Sanchez-Gomez
Ninth Circuit Deems Unconstitutional Routine Shackling in Pretrial Proceedings.
Vol. 131 No. 4
Bail Reform and Risk Assessment: The Cautionary Tale of Federal Sentencing
Vol. 131 No. 4
Across the country, from New Jersey to Texas to California, bail reform is being debated, implemented, and litigated at the state and local levels....
Crowell v. Massachusetts Parole Board
Massachusetts Supreme Judicial Court Observes that Americans with Disabilities Act Applies to Parole.
Vol. 131 No. 3