Category Archives: Current Issue: Articles

Race to Incarcerate: Punitive Impulse and the Bid to Repeal Stand Your Ground

BY AYA GRUBER, 68 U. Miami L. Rev. 961 (2014). Introduction: Stand-your-ground laws have come to symbolize, especially for many in the center-to-left, the intense racial injustice of the modern American criminal system. The lesson of the George Zimmerman trial saga is clear: Stand-your-ground laws, which remove from self-defense law the requirement to retreat before […]

Double Reasonableness and the Fourth Amendment

BY SAM KAMIN & JUSTIN MARCEAU — Legal doctrine is replete with reasonableness tests. In fact, it is unlikely that any area of law lacks a reasonableness test at the center of a core doctrine. The Fourth Amendment is certainly no exception; the textual prohibition of unreasonable searches and seizures has led the United States […]

The Siren Is Calling: Economic and Ideological Trends Toward Privatization of Public Police Forces

BY KARENA RAHALL — The landmark Supreme Court ruling in Citizens United has opened the floodgates to allow unlimited corporate campaign donations, and Supreme Court doctrine is shifting back to the Lochner-era’s focus on economic rights. At the same time, there are efforts underway across the United States to privatize public services in order to […]

No Right to Lie, Cheat, or Steal: Public Good v. Private Order

BY MADELEINE M. PLASENCIA — Fraud is deceit. And the essence of fraud is, “I create trust in you, and then I betray that trust, and get you to give me something of value.” And as a result, there’s no more effective acid against trust than fraud, especially fraud by top elites, and that’s what […]

Before the Smoke Cleared: Decision-Making in the Immediate Aftermath of 9/11

BY BRIAN M. STEWART — “My blood was boiling. We were going to find out who did this, and kick their ass.” It is September 11, 2001, approximately 9:43 a.m., and the President has just been informed that a plane has crashed into the Pentagon. By this time, two planes have already crashed into the […]