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Full-Text Articles in Law
To Seek A Newer World: Prisoners’ Rights At The Frontier, David M. Shapiro
To Seek A Newer World: Prisoners’ Rights At The Frontier, David M. Shapiro
Michigan Law Review First Impressions
Prisoners’ rights lawyers have long faced a dismal legal landscape. Yet, 2015 was a remarkable year for prison litigation that could signal a new period for this area of law—the Supreme Court handed down decisions that will reverberate in prison jurisprudence for decades to come. New questions have been asked, new avenues opened. This piece is about what the Court has done recently, and what possibilities it has opened for the future. More broadly, I suggest that the Court may be subjecting prison officials to greater scrutiny and that this shifting judicial landscape reflects an evolving social discourse about prison …
J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson
J.D.B. V. North Carolina And The Reasonable Person, Christopher Jackson
Michigan Law Review First Impressions
This Term, the Supreme Court was presented with a prime opportunity to provide some much-needed clarification on a "backdrop" issue of law-one of many topics that arises in a variety of legal contexts, but is rarely analyzed on its own terms. In J.D.B. v. North Carolina, the Court considered whether age was a relevant factor in determining if a suspect is "in custody" for Miranda purposes, and thus must have her rights read to her before being questioned by the police. Miranda, like dozens of other areas of law, employs a reasonable person test on the custodial question: it asks …
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
Michigan Law Review First Impressions
United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …