Vol. 139 No. 7 Can habeas corpus cases proceed as class actions? The Supreme Court has never squarely answered that question, even in cases where lower courts certified habeas classes. But the Trump Administration’s wholesale push to expel noncitizens has forced the question to the center of modern civil rights litigation.
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.
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....
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?...
Vol. 137 No. 1 Given the complexity of habeas corpus law, one can understand why “fairminded jurists” have disagreed over the circumstances under which a person in government...
Vol. 136 No. 1 Ten years ago, the Supreme Court held in Martinez v. Ryan that ineffective assistance of postconviction counsel, in an initial-review proceeding, may establish cause...
Vol. 135 No. 7 In Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, Dean Erwin Chemerinsky issues an indictment of the Supreme Court,...
Vol. 135 No. 5 As the COVID-19 pandemic has spread through prisons, jails, and other detention facilities in the United States, it has brought new attention to a...
