due process

March 8, 2017 (Fault Lines) – The United States Supreme Court ruled on a major federal sentencing guidelines case this week. For the last decade plus, since the Supreme Court’s 2005 decision in Booker, the guidelines...

March 8, 2017 (Fault Lines)—The Supreme Court recently denied cert in one of those classic cases: good facts mixed with incomplete lawyering. But in a stirring dissent, Justice Thomas may have provided the roadmap to a...

November 18, 2016 (Fault Lines) – Non-lawyers tend to think of constitutional rights as absolute, such as a right to a lawyer or a right to a jury trial. For the lawyers-to-be rising from one L...

November 11, 2016 (Fault Lines) – Fault Lines managing editor Scott Greenfield recently wrote about the statute of limitations. Here’s how he described its purpose: The statute of limitations exists for a clear reason, to provide...

August 19, 2016 (Mimesis Law) – Despite its utility, civil forfeiture is increasingly going the way of the dodo. At least until the public remembers what purpose it served in the first place, anyhow. The primary...

Apr. 15, 2016 (Mimesis Law) — Charneshia Corley was raped. An officer claimed he smelled pot. He and other officers held her down, with her hands cuffed behind her back. They tore down her pants in a...

Nov. 25, 2015 (Mimesis Law) — I love 1957 Cadillac convertibles.  My mother had one back in the day before our family went broke, and she succumbed to demon rum. That got me thinking about retroactivity...

Nov. 24, 2015 (Mimesis Law) — On Sunday night, CNN aired The Hunting Ground, which is a highly controversial “documentary” that focuses on “date rape” on college campuses.  The show received critical acclaim at the Sundance...

Sept. 15, 2015 (Mimesis Law) — If Sheriff Fewins is right, the State can do the following without a warrant: Lob two volleys of tear gas canisters into your home. Form an all-night perimeter around your...

Aug. 3, 2015 (Mimesis Law) — A recent PBS broadcast of Due Process told the story of David McCallum.  It was a tale all too familiar these days, of a young black kid who had his...