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Local In A Peculiar Way: The Police Force In American Law, Nadav Shoked

University of Pennsylvania Law Review

This Article sets out to pinpoint the locus of control over the police. Running the police force is one of the most important tasks assigned to local governments in America. Yet heretofore policing has not been analyzed through the lens of local government law. Through a review of state statutes, this Article reveals that the reigning notion that the police are local oversimplifies a complex legal reality. Local governments are mostly empowered to choose to establish (or not establish) a police force and to define the force’s size and role. However, they are mostly not afforded concomitant full powers over …

Outcome Reasons And Process Reasons In Normative Constitutional Theory, Larry Solum

University of Pennsylvania Law Review

Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that seem clearly fallacious and advance proposals that are pie in the sky. One of the reasons for the mess is an overreliance by constitutional theorists on “outcome reasons,” justifications that rely on the theorist’s beliefs about what outcomes are good and what outcomes are bad. This outcome-drive approach is exemplified by the so-called “canonical cases” argument, which evaluates positions in normative constitutional theory on the basis of their counterfactual implications for a handful of prior decisions of the Supreme Court. …

Losing The Right To Counsel: Exploring And Reforming Waiver By Conduct And Forfeiture In State Courts, Carolyn T.A. Hartwick

University of Pennsylvania Law Review

Under the Sixth Amendment, a criminal defendant has both the right to counsel and the right to represent himself. These rights are mutually exclusive, and the default right is the right to counsel; to exercise the right to self-represent, a defendant must “knowingly and intelligently” waive the right to counsel and its attendant benefits. Typically, a defendant who self-represents does so after expressly invoking that right and affirmatively rejecting the right to counsel.

But trial courts frequently confront defendants whose conduct seems to abuse the right to counsel and confuses the exercise of their Sixth Amendment rights. This conduct ranges …

The Failed Promise Of Installment Fines, Beth Colgan, Jean Galbraith

University of Pennsylvania Law Review

n the 1970s, the Supreme Court prohibited the then-common practice of incarcerating criminal defendants because they lacked the money to immediately pay off their fines and fees. The Court suggested that states could instead put defendants on installment payment plans. As this Article shows, this suggestion came against a backdrop of impressive success stories about installment fines—including earlier experiments in which selected defendants had reliably paid off modest fines through carefully calibrated payment plans. Yet as this Article also shows, installment fines practices of today differ significantly from those early experiments, as lawmakers have increased fine amounts, added on fees, …

Systemic Failure To Appear In Court, Lindsay Graef, Sandra G. Mayson, Aurelie Ouss, Megan Stevenson

University of Pennsylvania Law Review

This Article aims to reorient the conversation around “failure-to-appear” (FTA) in criminal court. Recent policy and scholarship have addressed FTA mostly as a problem of criminal defendants in connection with questions about how bail systems should operate. But ten years of data from Philadelphia reveal a striking fact: it is not defendants who most frequently fail to appear but rather the other parties necessary for a criminal proceeding—witnesses and lawyers. Between 2010 and 2020, an essential witness or private attorney failed to appear for at least one hearing in 53% of all cases, compared to a 19% FTA rate for …

The Conflict Among African American Penal Interests: Rethinking Racial Equity In Criminal Procedure, Trevor G. Gardner

University of Pennsylvania Law Review

No abstract provided.

Campus Policing And Police Reform, A.W. Geisel

University of Pennsylvania Law Review

No abstract provided.

Problematic Presumptions: Why The Current State Of Felon-In-Possession Law Risks Punishing The Innocent, Jordan Cohen-Kaplan

University of Pennsylvania Law Review

No abstract provided.

Restoration, Retribution, And Sexual Assault: The Value Of Apologies, Kristen M. Marino

University of Pennsylvania Law Review

Winner of THE 2023 HENRY C. LOUGHLIN PRIZE, to the student writing the best paper on legal ethics.

Transgender Constitutional Law, Katie Eyer

University of Pennsylvania Law Review

No abstract provided.

Abstaining From Abstention: Why Younger Abstention Does Not Apply In 42 U.S.C. § 1983 Bail Litigation, Alezeh Rauf

University of Pennsylvania Law Review

No abstract provided.

The Corrosive Effect Of Inevitable Discovery On The Fourth Amendment, Tonja Jacobi, Elliot Louthen

University of Pennsylvania Law Review

No abstract provided.

Disenfranchisement, Democracy, And Incarceration: A Legislative End To Felony Disenfranchisement In United States Prisons, Teddy Okechukwu

University of Pennsylvania Law Review

No abstract provided.

Impoverishment By Taxation, Ariel Jurow Kleiman

University of Pennsylvania Law Review

No abstract provided.

Disability As Metaphor In American Law, Doron Dorfman

University of Pennsylvania Law Review

No abstract provided.

The Trajectory Of Federal Gun Crimes, Jacob D. Charles, Brandon L. Garrett

University of Pennsylvania Law Review

No abstract provided.

Plainly Incompetent: How Qualified Immunity Became An Exculpatory Doctrine Of Police Excessive Force, Osagie K. Obasogie, Anna Zaret

University of Pennsylvania Law Review

No abstract provided.

Race In Contract Law, Dylan C. Penningroth

University of Pennsylvania Law Review

No abstract provided.

Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, And Democratic Design, Sheldon A. Evans

University of Pennsylvania Law Review

No abstract provided.

To Catch A Snooping Spouse: Reevaluating The Roots Of The Spousal Wiretap Exception In The Digital Age, Karli Ramirez

University of Pennsylvania Law Review

No abstract provided.

Legal Tech, Civil Procedure, And The Future Of Adversarialism, David Freeman Engstrom, Jonah B. Gelbach

University of Pennsylvania Law Review

No abstract provided.

Exploring The Interpretation And Application Of Procedural Rules: The Problem Of Implicit And Institutional Racial Bias, Edward A. Purcell Jr.

University of Pennsylvania Law Review

No abstract provided.

The Parent Trap: Rebalancing Parallel Enforcement Between Child Protective Services And Law Enforcement, Ryan Charles Mcevoy

University of Pennsylvania Law Review

No abstract provided.

Coercion, Criminalization, And Child ‘Protection’: Homeless Individuals’ Reproductive Lives, Bridget Lavender

University of Pennsylvania Law Review

No abstract provided.

A Prosecutorial Solution To The Criminalization Of Homelessness, Andrew I. Lief

University of Pennsylvania Law Review

No abstract provided.

Disaggregating The Policing Function, Barry Friedman

University of Pennsylvania Law Review

No abstract provided.

Retributive Expungement, Brian M. Murray

University of Pennsylvania Law Review

No abstract provided.

The Past And Future Of Procedure Scholarship, James E. Pfander

University of Pennsylvania Law Review

No abstract provided.

“Best” Interests And “Bad” Parents: Immigration And Child Welfare Through The Lens Of Sijs And Foster Care, Ellyn Jameson

University of Pennsylvania Law Review

No abstract provided.

Availability Of Tolling In A Presidential Prosecution, Kevin Foley

University of Pennsylvania Law Review

No abstract provided.