CategoryDiscourse

Abstract This Essay puts forward a two-element argument that noncitizen defendants can use to establish that they have been interrogated for Miranda purposes when they have been questioned about their immigration status by Immigration and Customs Enforcement (ICE) officers.  I examine the briefing and decision in one defendant’s case to illustrate why this two-element argument matters, and why it...

Abstract The impact of the spread of the novel coronavirus in the United States beginning in winter 2020 has simultaneously laid bare vast chasms of inequality in education and created a crisis in which radical reforms have become possible almost overnight.  Schools, colleges and universities have dramatically changed how they admit, assess, and support their students; for example, the University...

Abstract The Fifth Amendment of the U.S. Constitution holds that no person shall be twice put in jeopardy of life or limb for the same offense.  Read plainly, a person cannot be tried or punished more than once for a single crime.  Yet in recent decades, as legislatures have expanded the prosecutorial state with weapons designed to punish more criminal defendants more harshly, the U.S. Supreme...