Digital Commons Network^™

Solitary Confinement As Per Se Unconstitutional, Andrew Leon Hanna

JCL Online

No abstract provided.

The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom?, Joseph J. Martins

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

What Gideon Did, Sara Mayeux

All Faculty Scholarship

Many accounts of Gideon v. Wainwright’s legacy focus on what Gideon did not do—its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few “outlier” states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal help for poor people charged with crimes.

Drawing on original historical research, this Article instead chronicles what Gideon did—the doctrinal and institutional changes it inspired between 1963 and the early 1970s. Gideon shifted the legal profession’s policy consensus on indigent defense away from …

Emerging Technologies And Dwindling Speech, Jorge R. Roig

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky

All Faculty Scholarship

No abstract provided.

The Law Of Choice And Choice Of Law: Abortion, The Right To Travel, And Extraterritorial Regulation In American Federalism, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.