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Volume 23.1-23.2
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Lauren Roberts
Fighting the Good Fight
Collegiality is an underrated and magical tool that may yield countless rewards in windowless offices and jury boxes, but when civility fails, you may need to step on some toes or temporarily “unleash your id.” True change is not easy or polite . . . -
Liz Oyer
Public Defenders Will Save Us
The promise of equal justice under law is so ingrained in the fabric of our democracy that many Americans take it for granted. But not public defenders. -
Christopher D. Totten, Gang Lee, and Nicole Lehner
Drunk Driving, Police Knowledge and Perception: An Empirical Study of Landmark Constitutional Criminal Procedure Jurisprudence
Though patrol officers are trained to detect DUI and to stop vehicles as a result of a determination of the drunk driver’s inability to maintain or operate the vehicle, ultimately individual officers possess discretion as to whether to pull over a vehicle for a DUI evaluation. -
Henry Yat-Shing Kwan
Judicial Obligation to Inquire into a Represented Defendant’s Decision to Forgo Insanity Defense: Frendak Revisited
The Supreme Court of the State of Hawaii in 2020 held that “whenever the evidence suggests a substantial question of the defendant’s sanity at the time of the crime, the trial judge must conduct an inquiry designed to [ensure] that the defendant has been fully informed of the alternatives available, comprehends the consequences of failing to assert the defense, and freely chooses to raise or waive the defense.” Notably, the Court requires . . . -
Steven R. Salbu
Assessing the Department of Justice’s 2025 Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act
In June of 2025, the Office of the United States Department of Justice (“DOJ”) Deputy Attorney General issued a Memorandum containing new guidelines for Foreign Corrupt Practices Act (“FCPA”) investigations and prosecutions. It lists four “non-exhaustive factors” . . . -
Benjamin Levin
Prosecuting a President
Whatever your politics, the prosecutions of Donald Trump have come to look like a spectacular failure. For Trump’s supporters, the prosecutions helped to reinforce claims of victimization . . . -
Samuel H. Pillsbury
Lessons from the Incarcerated
Using the words of the incarcerated as both guide and inspiration, I argue here that we, the legally trained, commonly lack sufficient interest in the stories of defendants, and also victims, in criminal cases. Our lack of interest . . . -
Patrick Sharkey, Varsha Menon, and Chloe Shawah
After the Uneasy Peace: Why the United States is Vulnerable to Surges of Violence
After a long period of decline, violence in America rose sharply from 2014to 2021 before falling again in 2023 and 2024. These nationwidefluctuations lead us to move beyond the commonly studied question ofwhat factors are driving changes in violence in a given place at a giventime and to instead consider what makes the United States vulnerable topersistently high levels of and abrupt shifts in violence . . . -
Alexandra Natapoff
Redistributing Criminal Law Up and Down the Penal Pyramid
This Essay calls attention to the ways in which law in general, and criminal law in particular, is a form of maldistributed wealth. Law is a valuable thing to have. Rich people expect the law to work for them . . .