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Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith
Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith
Northwestern University Law Review
Across the country, courts at every level have relied on remote technology to adapt the justice system to a once-a-century global pandemic. This Essay describes and assesses this unprecedented journey into virtual justice, paying particular attention to eviction proceedings. While many judges have touted remote court as a revolutionary innovation, the reality is more complex. Remote court has brought substantial time savings and convenience to those who are able to access and use the required technology, but it has also posed hurdles to individuals on the other side of the digital divide, particularly self-represented litigants. The remote court experience has …
Discovering Racial Discrimination By The Police, Alison Siegler, William Admussen
Discovering Racial Discrimination By The Police, Alison Siegler, William Admussen
Northwestern University Law Review
For decades, it was virtually impossible for a criminal defendant to challenge racial discrimination by the police or prosecutors. This was because in United States v. Armstrong, 517 U.S. 456 (1996), the Supreme Court set an insurmountable standard for obtaining discovery in support of a selective prosecution claim. Equating the roles of prosecutors and law enforcement officers, lower courts applied this same standard to claims alleging racial discrimination by the police. This high standard led courts to deny discovery and stifle potentially meritorious claims. Recently, criminal defendants have initiated a wave of challenges to “fake stash house” operations, in which …