Vol. 119 No. 6

Juvenile Justice
Note

MILLER V. ALABAMA AND THE PROBLEM OF PREDICTION

Mary Marshall*

Beginning in 2010, the Supreme Court severely limited states’ ability to impose juvenile life without parole sentences. In a seminal case, Miller v. Alabama, the Court banned mandatory life without parole sentences for juveniles and declared that only the “rare juvenile offender whose crime reflects irreparable corruption” should be made to spend the rest of their lives in prison. While Miller has been the subject of much[...]

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.[...]

Constitutional Law
CLR Forum

FREE EXERCISE’S OUTER BOUNDARY: THE CASE OF HASIDIC EDUCATION

Zalman Rothschild*

The First Amendment is currently being pulled in opposite directions by a group of Hasidic schools in New York. Driven by deeply held religious beliefs, the leaders of these schools refuse to teach virtually any of the secular studies required for children by New York state law. Proponents of these schools point to the Free Exercise Clause and the “hybrid rights” of religion and parental control. However the state also has an interest in ensuring[...]

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[...]