Due Process

Constitutional Interpretation Articles

The First Criminal Procedure Revolution

Vol. 139 No. 2 Today, it seems obvious that criminal defendants can waive constitutional rights. Plea bargains make up the vast majority of criminal convictions, and defendants routinely trade their rights — to indictment, to remain silent, to an attorney, to a jury — in exchange for a faster trial or a lesser charge. The modern criminal legal system is a regime of negotiated justice. Rights used to have more force.
42 U.S.C. § 1983 Leading Case

Williams v. Reed

Vol. 139 No. 1 Being poor in America is taxing. For decades, claimants seeking assistance from social support programs have navigated bureaucratic processes and endured significant delays. In...
Constitutional Law Leading Case

Andrew v. White

Vol. 139 No. 1 Women face distinct challenges throughout the justice system. Among many other inequities, prosecutors frequently employ sexual stereotypes against female defendants, especially in capital cases....
Reproductive Rights Recent Case

Deanda v. Becerra

Vol. 138 No. 8 Revocation of the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization has raised concern that other substantive due process rights may...
Criminal Procedure Articles

Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure

Vol. 138 No. 8 Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.In this Article, we pull back the curtain on the search and seizure process by presenting the largest quantitative study of warrants of any kind.
Civil Rights Recent Case

Banyee v. Garland

Eighth Circuit Holds that Prolonged Mandatory Immigration Detention Poses No Due Process Issues While Removal Proceedings Are Ongoing

Vol. 138 No. 6