Author: Alexander Barouch

Clint Bolick State constitutionalism—the practice of state courts deciding cases on independent state constitutional grounds—is a vital yet underdeveloped attribute of American federalism. Our system of dual sovereignty ensures the capacity of state courts to interpret their own constitutions to…

Abby Dockum In the late hours of October 2, 2009, Jonathan Castro staggered drunkenly through Los Angeles, speaking unintelligibly and bumping into passersby. Concerned for his safety, police officers arrested Castro on a misdemeanor public drunkenness charge and transported him…

Ekow N. Yankah In February 2020, Ahmaud Arbery, a twenty-five-year-old Black jogger in Georgia, was chased down by a group of armed, White men in trucks, trapped, shot, and killed. His killers pursued Arbery because they suspected him—with no evidence…

Kenneth W. Simons Under the willful blindness (WB) doctrine widely employed in federal criminal prosecutions, courts extend a statutory “knowledge” or “willfulness” requirement to encompass “willful blindness” or “deliberate indifference.” For example, courts conclude that for drug possession or distribution…