Smith v. Arizona
Vol. 138 No. 1
The Sixth Amendment’s Confrontation Clause protects the right of “the accused” in a criminal prosecution “to be confronted with the witnesses against him.” In...
Sixth Amendment
Machines Need Not Testify: Forensic Reports Under the Confrontation Clause
Since the Supreme Court’s revitalization of the Sixth Amendment’s Confrontation Clause in Crawford v. Washington, the legal world has waited for each installment of...
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...
The Occasions Clause Paradox
Vol. 136 No. 2
Introduction The Armed Career Criminal Act (ACCA) mandates an enhanced sentence when a felon in possession of a firearm was previously convicted of at...
Racism, Abolition, and Historical Resemblance
Forum response to Professor Bridges' Foreword
Response to Race in the Roberts Court
Vol. 136 No. 1
Race in the Roberts Court
Vol. 136 No. 1
When it comes to people of color, the Roberts Court treats “racism” as if it is an objective fact — out there in the world, apparent to anyone who stumbles upon it. The Roberts Court invites observers to believe that it is just using simple common sense when it identifies, or refuses to identify, something as racism.
Shinn v. Ramirez
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...
Order Amending Rules 18.4 and 18.5 of the Rules of Criminal Procedure, and Rule 47(e) of the Rules of Civil Procedure, No. R-21-0020 (Ariz. 2021)
Arizona Supreme Court Abolishes Peremptory Strikes in Jury Selection
Vol. 135 No. 8
United States v. Rosemond
Second Circuit Holds that Counsel Admitting to Element of Crime over Defendant’s Protests Does Not Violate Defendant’s Autonomy.
Vol. 134 No. 5
Ramos v. Louisiana
Vol. 134 No. 1
Stare decisis is not “an inexorable command.” But the question of when and whether to overrule precedent frequently vexes the Justices. Last Term, in...