Vol. 139 No. 6 Lockstepping’s critics have increasingly found their voice in the courts. State constitutions are unique documents, with their own histories, texts, and procedures. But often,...
Vol. 139 No. 4 State constitutions serve as important sources of individual rights. They often extend broader protections than the Federal Constitution and have, in some instances, included...
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. 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...
Vol. 137 No. 7 When the Maui wildfires in August 2023 forced Tereari‘i Chandler-‘Īao to flee Lahaina, she could take only the necessities: food, clothes, and a box...