Law Commons^™

Just Between Yoo And He: Two Justice Department Lawyers' Imaginary Torturous Email, Stephen A. Rosenbaum

Publications

On December 9, 2014, the U.S. Senate Select Committee on Intelligence released its long-awaited Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, which The New York Times described as “a portrait of depravity that is hard to comprehend and even harder to stomach.” The Times had reported four years earlier that a number of Department of Justice (DoJ) emails were determined to be missing during the Office of Professional Responsibility's investigation of the Bush Administration memoranda providing legal justification for “enhanced interrogations,” the so-called torture memos. What follows is an imaginary exchange of emails between two young …

Revisiting The Mansions And Gatehouses Of Criminal Procedure: Reflections On Yale Kamisar's Famous Essay, William T. Pizzi

Publications

In 1965, Yale Kamisar published a now-famous essay entitled, Equal Justice in the Gatehouses and Mansions of American Criminal Procedure: From Powell to Gideon, from Escobedo to... to make his case that the Court needed to take action to protect citizens in interrogation rooms, Kamisar used the powerful metaphors of the gatehouse and the mansion to contrast the treatment received in interrogation rooms in the back of police stations with the way defendants were treated when they arrived at courthouses where the power of the state was restricted and they had strong constitutional protections.

On its 50th anniversary since publication, …

When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber

Publications

Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …