| Author | Title | Citation | Summary | Year |
| Affie Ellis |
REFLECTIONS OF A WYOMING-NAVAJO LAWMAKER |
39-WTR Natural Resources & Environment 3 (Winter, 2025) |
Serving in the Wyoming legislature has been the honor of a lifetime. I ran for office in 2016. At the time, I had taken my eight-year-old daughter to watch the Senate debate, and she innocently asked if women were allowed to be senators. When she looked into the chamber, she saw that 29 of the 30 senators were men. I pointed out the one female... |
2025 |
| Bruce A. Green , M. Ellen Murphy |
REPLACING THIS OLD HOUSE: CERTIFYING AND REGULATING NEW LEGAL SERVICES PROVIDERS |
76 Washington University Journal of Law & Policy 45 (2025) |
This Article comprehensively examines the decisions that state courts must make, and have made to date, when they certify and regulate new categories of legal services providers: those individuals other than lawyers who are authorized to provide discrete legal services that the laws governing the unauthorized practice of law (UPL) generally reserve... |
2025 |
| Cynthia D. Bond |
REPRESENTATIONS OF LAW AND RACE REVISITED: AN UPDATED SURVEY OF RECENT AMERICAN FILM |
30 University of Denver Sports and Entertainment Law Journal 51 (Spring, 2025) |
This article revisits the author's Laws of Race/Laws of Representation: The Construction of Race and Law in Contemporary American Film, 11 Univ. Tex. Rev. of Sports and Ent. L. 219 (2010), surveying recent developments in mainstream films' depiction of the interrelated narratives of law and race. This article applies to current film the 2010... |
2025 |
| Caprice L. Roberts |
RETHINKING JUDICIAL POWER & REMEDIAL RESTRAINT |
75 Catholic University Law Review 93 (Fall, 2025) |
This Article maintains that groundbreaking Supreme Court cases reshaping judicial power and restraint are frequently remedies centric. The muchanticipated ruling in Trump v. CASA illustrates this correlation. Interpreting traditional equity, the Supreme Court circumscribed federal judicial power to issue universal relief. The Court relied on... |
2025 |
| Robert J. W. Clift , James F. Hemphill , Samara Wessel , Lauren N. Currie |
RISK ASSESSMENT AND RECIDIVISM AMONG INDIGENOUS AND NON-INDIGENOUS PERSONS: A META-ANALYSIS |
46 Law and Human Behavior 491 (December, 2025) |
Objective: Risk assessment measures are commonly used in forensic and criminal justice settings to evaluate risk of future recidivism. The use of these measures among Indigenous persons has been the subject of clinical, professional, and legal interest. We sought to add to the literature by examining three frequently studied and clinically used... |
2025 |
| Adam Crepelle |
ROBOTS AND (INDIAN) RESERVATIONS: A JURISDICTIONAL NIGHTMARE WAITING TO HAPPEN |
22 Northwestern Journal of Technology & Intellectual Property 313 (Spring, 2025) |
Abstract--Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields.... |
2025 |
| Bethany Berger |
ROSALIND'S REFUND: THE WOMAN, THE LAWYERS, AND THE TIME THAT CREATED MCCLANAHAN v. ARIZONA |
73 University of Kansas Law Review 755 (April, 2025) |
Rosalind McClanahan was just twenty-two when she set one of the most important cases in federal Indian law into motion. On April 1, 1968, she filed her Arizona tax return, along with a protest that all the money withheld from her pay--$16.29--should be refunded because she was a Navajo citizen whose income was earned entirely on the Navajo... |
2025 |
| Salihah R. Denman |
SAFEGUARDING CHILDREN FROM STATE INTERVENTION |
39 Notre Dame Journal of Law, Ethics & Public Policy Online Supplement 631 (2025) |
This is the first article to explore a child's right to counsel during the investigatory stage of child welfare proceedings. The right to family integrity and a parent's right to raise their child how they see fit are two fundamental rights in constitutional law decisions in family law. In the context of child welfare investigations, there is... |
2025 |
| Adriaan Lanni |
SEEING IS BELIEVING: RESTORATIVE JUSTICE AT HARVARD LAW SCHOOL |
73 Journal of Legal Education 961 (Summer, 2025) |
When I started teaching at Harvard Law School in 2005, only a small number of students came to law school interested in criminal justice, and the average student knew relatively little about the criminal legal system. These days, many students arrive as committed prison abolitionists, and most students have at least a basic familiarity with terms... |
2025 |
| Thomas P. Schlosser |
SEPTEMBER 2023 -- AUGUST 2024 |
13 American Indian Law Journal 43 (May, 2025) |
I. INTRODUCTION. 3 II. UNITED STATES SUPREME COURT. 3 III. OTHER COURTS. 4 A. Administrative Law. 4 B. Child Welfare Law And ICWA. 19 C. Contracting. 29 D. Employment. 38 E. Environmental Regulations. 41 F. Fisheries, Water, FERC, BOR. 48 G. Gaming. 72 H. Jurisdiction, Federal. 79 I. Religious Freedom. 99 J. Sovereign Immunity. 108 K. Sovereignty,... |
2025 |
| Reneau J. Longoria |
SOVEREIGN IMMUNITY: FROM POLICY TO PRACTICE |
53 Urban Lawyer 1 (January, 2025) |
From Haaland v. Brackeen, 599 U.S. 255 (2023) to Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 599 U.S. 382 (2023) (Lac) and a path forward in the lessons of Eagle Bear, Inc. v. Independence Bank, No. CV-22-93-GF-BMM, 2023 WL 8529145, 705 F. Supp. 3d 1141 (D. Mont. Dec. 8, 2023) The U.S. Supreme Court decision in Haaland v.... |
2025 |
| Curtis A. Bradley |
SOVEREIGN POWER CONSTITUTIONALISM |
92 University of Chicago Law Review 1807 (November, 2025) |
The text of the U.S. Constitution seems to be missing a host of governmental powers that we take for granted, including powers relating to immigration, Indian affairs, acquisition of territory and resources, and the regulation and protection of U.S. citizens abroad. The Supreme Court suggested an explanation for these and other missing powers in... |
2025 |
| Morgan Sandler |
SOVEREIGN SOLUTIONS: RECLAIMING REPRODUCTIVE AUTONOMY IN OKLAHOMA INDIAN COUNTRY AFTER DOBBS |
130 Dickinson Law Review 351 (Fall, 2025) |
In the United States, Native American women face disproportionately high rates of sexual violence and adverse maternal health outcomes. In addition to these ongoing challenges, they continue to face significant barriers to reproductive healthcare access. Oklahoma's near-total abortion ban--without exceptions for rape or incest--exacerbates these... |
2025 |
| Guillermo Cintron |
STANDARD OF PROOF IN CHILD WELFARE CASES |
28 University of the District of Columbia Law Review 153 (Spring, 2025) |
The lack of federal standards at the most crucial decision points of child welfare cases allows agencies across the country charged with ensuring the safety of children to abuse their authority by overregulating and policing Black and Brown families while interfering with their constitutional right to family integrity. Throughout this paper, I will... |
2025 |
| Claire P. Donohue |
STATE AS ABUSER |
20 University of Massachusetts Law Review 44 (Winter, 2025) |
This article proposes that the concept and language of coercive control provides helpful ways to describe, frame, and mediate the tactics used by the Family Regulation System to control and regulate families. This work enters current conversations about the Family Regulation System and makes two important interventions. First, much of the way... |
2025 |
| Jacob Hamburger |
STATE STANDING AFTER UNITED STATES v. TEXAS |
66 Boston College Law Review 1 (January, 2025) |
Introduction. 3 I. Special Solicitude in Immigration Litigation. 9 A. Basic Principles of State Standing. 10 B. The Ambiguities of Special Solicitude. 14 C. The Strong Theory of Special Solicitude in Immigration Litigation. 17 II. Unanswered Questions in Texas Enforcement. 23 A. Avoiding the Issue of Special Solicitude. 23 B. Questions for Future... |
2025 |
| Gregory Ablavsky |
STRUCTURAL FEDERAL INDIAN LAW AFTER BRACKEEN |
67 Arizona Law Review 291 (Summer, 2025) |
You know, when it comes to Indian law, most of the time we're just making it up, Justice Scalia once observed. This admission echoed long-standing critiques of the Supreme Court's jurisprudence in the field, but these anxieties did not trouble the Court--until recently. Over the past two decades, the Court has begun to revisit the field's... |
2025 |
| William N. Eskridge Jr. |
SUPER-CANONS |
78 Vanderbilt Law Review 727 (April, 2025) |
Especially since 2017, the Roberts Court has been imposing a new regime onto American public law. The new regime is paring back the authority of expert agencies to implement their delegated responsibilities, reducing the power of Congress to make long-term delegations while enhancing the power of the states and the President (and the U.S. Supreme... |
2025 |
| Hannah Marquis |
TANGIBLE RECOMMENDATIONS TO EXECUTE CALIFORNIA ASSEMBLY BILL 3099: A PROACTIVE APPROACH TO COMBATTING THE MISSING AND MURDERED INDIGENOUS PEOPLE CRISIS |
58 Loyola of Los Angeles Law Review 753 (Summer, 2025) |
Indigenous people across the United States experience disproportionately high rates of violence and relatedly high rates of murders and disappearances. This phenomenon has been coined the Missing and Murdered Indigenous Peoples Crisis (MMIP), and as a state with one of the largest Indigenous populations, California also has one of the largest MMIP... |
2025 |
| Diego H. Alcalá Laboy |
THE "FOUNDER'S GAZE": HOW THE FOURTH AMENDMENT IS A SURVEILLANCE TECHNOLOGY THAT ENABLES AI TO SCALE CONTROL OVER THE SUBALTERN |
30 Michigan Journal of Race and Law 215 (Fall, 2025) |
Much has been written about the rise of artificial intelligence and machine learning applications and how the current Fourth Amendment law has been unable to mitigate the privacy harm that these tools produce. This article explores how the development and usage of AI and machine learning models is dependent on the originalism principles of Fourth... |
2025 |
| Jamie C. Cooper |
THE ASSIMMIGRATION MATRIX: DISMANTLING FAMILIES AND ASSIMILATING THE CHILDREN LEFT BEHIND |
56 Seton Hall Law Review 425 (2025) |
As mass deportation of Black and brown noncitizen parents materializes, the threat of family separation is being realized for millions of families in the United States. In the process, these families will face a harmful confluence of systems, which I refer to as the assimmigration matrix. When laws governing family, child welfare, and... |
2025 |
| Junaid Afeef |
THE CHILDREN WHO ARE HERE |
113 Illinois Bar Journal 32 (April, 2025) |
Removing bias from the child removal process. IN 1988, JOURNALIST ALEX KOTLOWITZ WANTED TO tell the story of children living in poverty in Chicago. He asked LaJoe Rivers, a mother who resided in Chicago's Henry Horner Homes, if she'd like to share her perspective. She said yes and added, But you know, there are no children here. They've seen too... |
2025 |
| Juan F. Perea |
THE CONSTITUTIONAL LESSONS OF RESEGREGATION |
64 Washburn Law Journal 199 (Winter, 2025) |
Commemorations of the Brown v. Board of Education decision give us an opportunity to reflect on the decision and its current meaning. Brown was initially a cause for celebration for many, though also a cause for mass revolt in the southern United States. It heralded the possible end of apartheid in the United States, and the possible beginning of a... |
2025 |
| Tine Lee |
THE DEEP ROOTS AND WIDE REACH OF COMBINING PUNISHMENT AND CARE |
53 Southwestern Law Review 266 (2025) |
Wendy Bach's Prosecuting Poverty, Criminalizing Care is a powerful indictment of the harm caused by the intertwining of care and punishment under Tennessee's fetal assault law, in existence from 2014 to 2016. Through careful attention to the ideas behind the creation of this law, how it was applied, and the outcomes of many of the cases, Bach... |
2025 |
| Patrick J. Sobkowski |
THE ENDURING CRISIS IN TEACHING CONSTITUTIONAL LAW |
74 Emory Law Journal Online 48 (5-Mar-25) |
Constitutional law is in crisis. The 6-3 conservative majority of the Supreme Court has generally produced the desired results of the current Republican Party. This has led to calls of illegitimacy, activism, and partisanship from left-liberal and progressive scholars and politicians. In 2024, Jesse Wegman published an opinion essay in the New York... |
2025 |
| Elliot A. Mermel |
THE EVOLUTION OF STANDING AND THE NEED FOR FOUNDATIONAL REALISM: A HISTORICAL INQUIRY FROM HAYBURN TO HARVARD |
103 Washington University Law Review 507 (2025) |
This Note traces the Supreme Court's evolving approach to standing--from the early, unresolved procedural issues raised in Hayburn's Case to today's pivotal decisions, such as Students for Fair Admissions v. Harvard--and argues that the modern three-pronged standing test (injury in fact, traceability, and redressability) lacks firm... |
2025 |
| Amanda Robert |
THE 'FRONTIER SPIRIT' |
111-FALL ABA Journal 62 (Fall, 2025) |
Nikole Nelson spent much of her career trying to close the justice gap in Alaska. As the executive director of Alaska Legal Services Corp., Nelson helped provide free civil legal aid to low-income residents in about a dozen communities across the state. But Nelson and her team encountered many other people they couldn't assist because of a lack of... |
2025 |
| Kaiponanea T. Matsumura |
THE ILLUSION OF STABILITY IN FAMILY LAW |
78 Vanderbilt Law Review 1133 (May, 2025) |
Stability is universally accepted as a central value in family law. Within the context of adult relationships, stability determines which relationships the law will recognize and support. Within the context of parent-child relationships, stability determines who will be recognized as a parent, whose parental rights will be terminated by the state,... |
2025 |
| Jenée Durán |
THE INDIAN CHILD WELFARE ACT |
88 Texas Bar Journal 817 (November, 2025) |
The Indian Child Welfare Act (ICWA) was enacted in 1978 to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children from their families. ICWA was enacted in response to the high rate of forcible... |
2025 |
| Barbara A. Atwood |
THE INDIAN CHILD WELFARE ACT SURVIVES FOR NOW |
47-SPG Family Advocate 26 (Spring, 2025) |
Although family law practitioners don't encounter issues under the Indian Child Welfare Act (ICWA) on a regular basis, ICWA's provisions can impact family law practice when a Native American (or hereinafter Indian) child is the subject of certain family law proceedings, including private severance actions, stepparent adoptions, and third-party... |
2025 |
| Jay Shank |
THE INDIAN CHILD WELFARE ACT, EXCLUSIVE JURISDICTION, AND THE IMPLICIT MEMBERSHIP REQUIREMENT IN 25 U.S.C. § 1911(A) |
73 University of Kansas Law Review 691 (February, 2025) |
In 1978, after hearing testimony on the continual destruction wrought upon Indian families and tribes at the hands of state courts, Congress passed the Indian Child Welfare Act (ICWA). Congress recognized the unequal, disparate treatment Indian children were receiving in their child custody proceedings, and attempted to stop the rampant... |
2025 |
| James G. Dwyer |
THE KINCARE CRAZE IN CHILD PROTECTION: ROMANTICISM, SUBTERFUGE, AND RACIAL SEPARATISM |
19 FIU Law Review 1 (Spring, 2025) |
Among recent developments in family law, the most prevalent issue on legislative agendas has been Kincare as an alternative to non-relative foster care when maltreated children cannot remain with parents. Long an available option legally but traditionally regarded with skepticism by child protection workers, Kincare is now idealized. A steady... |
2025 |
| Victoria Mikesell Mather |
THE MYTH OF BEST INTEREST OF THE CHILD |
127 West Virginia Law Review 385 (Spring, 2025) |
One of the basic tenets of Family Law as applied to children is consideration of best interest of the child in making decisions. Standards for custody, termination, adoption, and all other matters affecting children are overlaid with consideration of best interest. Unfortunately, the promise of best interest is lost in the actual mechanics of... |
2025 |
| Michalyn Steele |
THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT AS A MODEL OF CULTURAL SOVEREIGNTY FOR PROTECTING INDIGENOUS SACRED SITES |
94 Fordham Law Review 513 (November, 2025) |
Introduction. 513 I. The History of Dispossession of Indigenous Sacred Sites. 519 II. The Hierarchy of Social Values Competing with Protecting Indigenous Sacred Sites. 521 A. Property Rights. 522 B. Economic Development. 524 C. Scientific Knowledge. 525 III. Imagining Reordered Values. 526 Conclusion. 531 |
2025 |
| Nicholas B. Mauer |
THE NEED FOR LAW IN FEDERAL INDIAN LAW: A RESPONSE TO MAGGIE BLACKHAWK IN LIGHT OF THE SUPREME COURT'S TROUBLING TERM FOR TRIBAL SOVEREIGNTY |
49 American Indian Law Review 137 (2025) |
Responding to Professor Maggie Blackhawk's Feature in the Yale Law Journal and her Forward in the Harvard Law Review, this Essay challenges the endorsement of legislative constitutionalism in federal Indian law. It argues that the three federal Indian law cases of the Supreme Court's 2022 Term, all decided in the final month of the Court's 2022... |
2025 |
| Nazune Menka |
THE REPARATIVE RETURN OF TREATYMAKING? LEGAL NORMS, NATIVE NATIONS, & THE UNITED STATES |
30 Texas Journal on Civil Liberties & Civil Rights 213 (Spring, 2025) |
This Article traces the various and conflicting legal norms that have influenced Indigenous Peoples Law over the last 400 years. While this Article builds upon several scholars at the nexus of Indigenous Peoples Law, constitutional law, and international law, it is the first to trace the thread of legal norms that weaves through history to the... |
2025 |
| Grant Christensen |
THE RIGHT TO PROTEST IN INDIAN COUNTRY |
125 Columbia Law Review 1139 (June, 2025) |
From April 2016 until February 2017, thousands of people gathered along the Cannonball River on the border of the Standing Rock Sioux Reservation to protest the construction of the Dakota Access Pipeline. In response, state officials tried to close down roads leading to the Reservation, considered legislation that would immunize drivers who struck... |
2025 |
| Lisa L. Atkinson |
THE SELLING OF OUR SISTERS: TRAFFICKING NATIVE WOMEN AND GIRLS IN THE UNITED STATES |
64 Judges' Journal 13 (Summer, 2025) |
Typically, people come into our courts because something went wrong: A law was broken and one party wants the other party to be held accountable. As judges with heavy dockets, we usually do not have the luxury of time to wonder or ask why something went wrong. The time and ability to ask why could lead to better outcomes for court-involved victims... |
2025 |
| Matthew L.M. Fletcher |
THE SOVEREIGNTY PROBLEM IN FEDERAL INDIAN LAW |
71 UCLA Law Review 1662 (July, 2025) |
There is a sovereignty problem in federal Indian law--namely, that the federal government's sovereign defenses prevent tribal nations and individual Indian people from realizing justice in the courts. Often, compelling tribal and Indian claims go nowhere as the judiciary defers to the interests of the United States, even where Congress has... |
2025 |
| Jean-Marie Kamatali |
THE STATE OF HUMAN RIGHTS IN THE UNITED STATES OF AMERICA: LESSONS LEARNED FROM THE LAST THREE UNIVERSAL PERIODIC REVIEWS |
33 Tulane Journal of International and Comparative Law 515 (Spring, 2025) |
I. Introduction. 516 II. The UN Human Rights Council, the Universal Period Review, and the United States. 517 A. UPR as a Universal Review. 518 B. UPR as a Periodic Review. 519 C. The UPR as a Review. 519 D. HRC, UPR, and the United States. 521 E. Understanding UPR Reports. 523 III. The State of Human Rights in the U.S: Three Review Cycles, Three... |
2025 |
| Matthew L.M. Fletcher |
THE THREE LIVES OF MAMENGWAA: TOWARD AN INDIGENOUS CANON OF CONSTRUCTION |
134 Yale Law Journal 696 (January, 2025) |
ABSTRACT. For too long, tribal judiciaries have been an afterthought in the story of tribal self-determination. Until the last half-century, many tribal nations relied on federally administered courts or had no court systems at all. As tribal nations continue to develop their law-enforcement and police powers, tribal justice systems now play a... |
2025 |
| Shelley Kierstead |
TRAUMA-INFORMED JUDICIAL PRACTICE MEETS THERAPEUTIC JURISPRUDENCE: COMPASSIONATE WRITTEN JUDGMENTS IN CHILD PROTECTION CASES |
58 UIC Law Review 595 (Spring, 2025) |
I. Introduction. 595 II. Trauma and Legal Services. 598 A. A Brief Overview of Trauma Research. 598 1. Intergenerational Trauma. 599 2. Complex Trauma. 601 B. Trauma-Informed Legal Practice. 601 III. Compassion in Written Child Protection Judgments. 603 A. With Whose Suffering Are We Concerned?. 604 B. How Might Judges Ameliorate Suffering?. 605 C.... |
2025 |
| Grant Christensen |
TRIBAL COURTS ARE COURTS OF GENERAL JURISDICTION |
77 Florida Law Review 679 (March, 2025) |
Twenty years ago, the Supreme Court misread its precedents and took a shortcut to do what was simpler instead of what was right. It determined, without examining the origins of tribal judicial power, that tribal courts are not courts of general jurisdiction. Writing for the majority in Nevada v. Hicks, Justice Antonin Scalia concluded that in... |
2025 |
| John Beaty |
TRIBAL EMINENT DOMAIN: SOVEREIGNTY GAPS AND POLICY SOLUTIONS |
55 New Mexico Law Review 37 (Winter, 2025) |
This Article addresses the existence and scope of the tribal power of eminent domain. American Indian Tribes are sovereign entities within the United States and can exercise many traditional government powers. However, centuries of actions by the United States' executive, legislative, and judicial branches have eaten away at the fabric of tribal... |
2025 |
| Desmond Mantle |
TRIBAL SOVEREIGNTY, JUSTICE GORSUCH, AND THE LETTER OF THE LAW |
77 Stanford Law Review Online 237 (June, 2025) |
I meant what I said, and I said what I meant. An elephant's faithful, one hundred percent! --Dr. Seuss, Horton Hatches the Egg This Comment seeks to defend Justice Neil Gorsuch's approach to statutory interpretation, arguing against pragmatist efforts to reduce the Supreme Court's reliance on textualism and against efforts by fellow self-proclaimed... |
2025 |
| Paul Baumgardner |
TRIBES IN THE TEXT: HOW STATE CONSTITUTIONS STRUCTURE GOVERNMENTAL RELATIONSHIPS WITH NATIVE TRIBES |
70 South Dakota Law Review 487 (2025) |
Although there has been a flurry of recent court cases that acknowledge the important role of state governments in tribal affairs, relatively little scholarly attention has been given to how American states actually relate to Native individuals, communities, or institutions. One way to begin outlining the nature of modern state-tribal relationships... |
2025 |
| Peyton Souvenir |
UNDERSTANDING FEDERAL RECOGNITION: A STUDY OF THE PROCEDURAL PATHWAYS AND THE CHINOOK INDIAN NATION |
26 Oregon Review of International Law 263 (2025) |
Introduction. 264 I. The Three Routes to Federal Recognition. 266 A. Administrative Acknowledgment. 266 1. Federal Recognition Process of 1978. 266 2. Federal Recognition Today. 268 B. Legislative Acknowledgment. 272 1. Virginia Tribes. 272 2. Lumbee Tribe of North Carolina. 273 C. Judicial Determinations. 274 1. Passamaquoddy Tribe v. Morton. 275... |
2025 |
| Frank Pommersheim , Bryce Drapeaux |
UNITED STATES v. SIOUX NATION OF INDIANS REVISITED: JUSTICE, REPAIR, AND LAND RETURN |
70 South Dakota Law Review 176 (2025) |
The amazing legal journey of this case begins in 1923 and ends with a Sioux Nation of Indians victory in the Supreme Court in 1980. Before reaching the Supreme Court, the case was litigated four different times before the Court of Claims because of the ineffective assistance of counsel and the necessity of a congressional statute to clear away... |
2025 |
| Laura Matthews-Jolly |
VISITATION AS FAMILY REGULATION |
103 North Carolina Law Review 521 (January, 2025) |
Legal scholarship is increasingly concerned with the centrality of family separation to child protective services in the United States. While the harms of family separation are significant, scholars have largely overlooked the most powerful tool to repair and rebuild families separated by the state: parent-child visitation. Frequent, meaningful... |
2025 |
| Micah S. Quigley |
WHAT IS HABEAS? |
173 University of Pennsylvania Law Review 453 (January, 2025) |
The debate about post-conviction habeas for state prisoners is long-running, heated, and conceptually hazy. A majority of the Court is dissatisfied with the broad swath of constitutional errors that can currently give rise to habeas relief. The way the Court sees it, a broad writ is inefficient, untraditional, and bad for federalism. The consensus... |
2025 |