Vol. 119 No. 6

Criminal Procedure
Essay

POLICE AND THE LIMIT OF LAW

Nirej Sekhon*

For more than fifty years, the problems endemic to municipal policing in the United States—brutality, racial discrimination, corruption, and opacity—have remained remarkably constant. This has occurred notwithstanding the advent of modern constitutional criminal procedure and countless judicial opinions applying it to the police. The municipal police can evade criminal procedure’s legality-based paradigm through formal and informal means.[...]

Amicus Curiae
Note

RESPECTFUL CONSIDERATION: FOREIGN SOVEREIGN AMICI IN U.S. COURTS

Daniel Fahrenthold*

In June 2018, the Supreme Court decided Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. and resolved a circuit split regarding the amount of deference courts must give to amicus briefs filed by foreign sovereign governments. The Court articulated a new standard of deference, “respectful consideration,” but did not take the opportunity to give weight or meaning to it. This Note argues that more must be done to develop the respectful[...]

Constitutional Law
CLR Forum

PREGNANT PEOPLE?

Jessica Clarke*

In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that the law should stop treating the types of work either parent can do—such as purchasing a carseat, finding a pediatrician, or choosing a daycare—as exclusively the domain of the pregnant woman. The project’s primary[...]

Civil Asset Forfeiture
Article

THE FOUNDERS’ FORFEITURE

Kevin Arlyck*

Civil forfeiture is controversial. Critics allege that law enforcement authorities use forfeiture to take property from often-innocent victims free of the constraints of criminal process. Yet despite recent statutory reforms, a significant obstacle to meaningful change remains: Under longstanding Supreme Court precedent, the Constitution imposes few limits on civil forfeiture. Relying on a perceived tradition of largely unfettered government power[...]