Relitigating Dunn v. Ray

4/17/19  //  In-Depth Analysis

The Supreme Court has insisted on relitigating and reaffirming its decision in Dunn v. Ray. So let's do that.

Leah Litman

U.C. Irvine School of Law

Something Is Rotten In States’ Execution Protocols And Capital Litigation at SCOTUS

4/15/19  //  In-Depth Analysis

Some recent cases suggest that, if anything, the Supreme Court should be harder on states in capital litigation proceedings. Instead, the Court has done the opposite.

Leah Litman

U.C. Irvine School of Law

The Mandatory Guidelines Predicament in the Sixth Circuit

4/11/19  //  Commentary

A recently filed amicus brief asks the Sixth Circuit to reconsider en banc whether prisoners challenged under the mandatory Guidelines can ever air the claim that their sentences are unconstitutional in light of Johnson v. United States.

Leah Litman

U.C. Irvine School of Law

CVE Is A Flawed and Ineffective Program, And More Evaluation Won’t Fix It

2/22/19  //  Commentary

By Nabihah Maqbool and Sirine Shebaya: There are major problems with the Countering Violent Extremism program. Trump has only made the program worse. It should be winded down for good.

Take Care

The Substance of the Supreme Court’s procedure

2/13/19  //  In-Depth Analysis

Last week’s Supreme Court stay orders say a lot about how the Court views the substance of the underlying constitutional claims in Dunn v. Ray and June Medical Services v. Gee.

Leah Litman

U.C. Irvine School of Law

Versus Trump: Versus Whitaker, In-Depth

12/6/18  //  Uncategorized

On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Louisiana’s Ongoing Ethical Crisis: Why SCOTUS Should Weigh In On The Case Of Rogers Lacaze

8/22/18  //  Commentary

In the coming weeks, the U.S. Supreme Court will consider whether to grant Lacaze v. Louisiana, a case raising profound questions for the constitutional standards governing judicial recusal where a judge has --but does not even disclose--concrete connections to the case being tried before him.

Take Care

Versus Trump: Versus Plastic Guns

8/9/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha—in her last episode for several months—discuss the fast-moving lawsuit by states against the Trump Administration and Cody Wilson seeking to block distribution of plans for 3D-printed guns. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes.

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Prison and Jail Conditions Worsen Under the Trump Administration—Unless You Are Paul Manafort

7/18/18  //  Commentary

In the U.S. there are many “very unfair” situations involving prisons. But Trump’s policies are making prisons worse.

Helen Marie Berg

Michigan Law

Abigail DeHart

Michigan Law School

Reinvigorating 'Defensive Crouch Liberal Constitutionalism' Part 1: Originalism and Searches

7/11/18  //  Uncategorized

I want to begin exploring ways in which liberals might try to defend what we value in the coming era of Supreme Court extreme conservatism

Michael C. Dorf

Cornell Law School

Beckles v. US As Anti-Canon

6/18/18  //  Quick Reactions

Today's federal sentencing opinions create even more tension between the Court's sentencing jurisprudence and Beckles v. United States.

Leah Litman

U.C. Irvine School of Law

Ducking Day at the SCOTUS

6/5/18  //  Commentary

There are times when strategic ducking makes sense practically if not strictly legally

Michael C. Dorf

Cornell Law School

Collins v. Virginia And Remedial Shell Games

5/31/18  //  Quick Reactions

The Supreme Court has been engaged in something of a shell game with respect to remedies in cases related to policing.

Leah Litman

U.C. Irvine School of Law

Making A Murderer Makes Its Way To The Supreme Court

5/29/18  //  Commentary

A currently pending cert petition provides the Court a welcome opportunity to clarify how the voluntariness standard applies to juvenile confessions and juvenile interrogations.

Leah Litman

U.C. Irvine School of Law

Williams v. Louisiana And The Asymmetric Pursuit of Criminal Justice

5/23/18  //  Quick Reactions

Prosecutors recently agreed to the release of a man wrongfully convicted as a child. But not without a cost.

Leah Litman

U.C. Irvine School of Law