Category: Past Issues

ByLindsay F. Wiley* and Samuel R. Bagenstos**Full Article.IntroductionOur nation’s response to the coronavirus pandemic has revealed fundamental flaws in our legal regimes governing both public health and employment. Public health orders have called on individuals to make sacrifices to protect…

By Jacob Abrahamian*Full Article.I. IntroductionIn January 2019, the National Collegiate Athletic Association (NCAA) found the University of Missouri guilty of academic misconduct and imposed severe penalties on its football, baseball, and softball programs.[1] A two-year investigation by the NCAA revealed…

By Austin Moylan*Full Article.I. IntroductionThe United States is home to approximately 330 million people.[1] Strikingly, 2.3 million of them are behind bars.[2] For every 100,000 people in the United States, nearly 700 are in prison, an incarceration rate unmatched by…

By Ben Shattuck* Full Article. “It is a general and indisputable rule, that where there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded.”[1]   “Bivens is a relic…

Sonja B. Starr* Full Article. Introduction In the past several years, dozens of states have adopted or expanded laws providing for expungement of some adult criminal convictions.[1] Several states have recently passed groundbreaking “Clean Slate” legislation, which makes expungement automatic…

Cassia Spohn. The early 1970s witnessed calls for reductions in state and federal prison populations and predictions that the use of incarceration would decline. For example, in 1973 the National Advisory Commission on Criminal Justice Standards and Goals, which concluded…

John F. Pfaff* Full Article. Introduction Few institutions in our deeply flawed and troubled criminal justice system draw as much immediate ire as private prisons. In his 2016 campaign for the Democratic presidential nomination, for example, Senator Bernie Sanders’s first…

Ben A. McJunkin* Full Article. Introduction To be homeless in Arizona is to be a criminal. City ordinances across the state prohibit broad swaths of conduct that make merely existing in public spaces difficult for those who lack housing. As…