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The Idea of "The Criminal Justice System"
(American Journal of Criminal Law, 2018)
The phrase “the criminal justice system” is ubiquitous in discussions of criminal law, policy, and punishment in the United States — so ubiquitous that almost no one thinks to question the phrase. However, this way of ...
What Gideon Did
(Columbia Law Review, 2016)
Many accounts of Gideon v Wainwright s legacy focus on what Gideon did not do--its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few "outlier" states, ...
The Idea of the Criminal Justice System
(American Journal of Criminal Law, 2018)
The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the ...
Ineffective Assistance of Counsel Before "Powell v. Alabama"
(Iowa Law Review, 2014)
Isabella Nitti-the first woman sentenced to death in Illinois-was national news in her time. Today she is remembered (if at all) as one of the notorious "husband killers" who inspired the Broadway play Chicago. Less
well ...
Federalism Anew
(American Journal of Legal History, 2016)
One of the most remarked-upon events of the recent past is the August 2014 death of a black teenager, Michael Brown, at the hands of a white police officer, Darren Wilson, in Ferguson, Missouri. Attention initially focused ...
Debating the Past's Authority in Alabama
(Stanford Law Review, 2018)
In 2015, the city council of Birmingham, Alabama enacted an ordinance establishing a local minimum wage of $10.10 an hour-a significant raise for the city's low-income workers from the federal floor of $7.25. The ordinance ...