How I Teach

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A Reassessment of the Younger Doctrine in Light of the Legislative History of Reconstruction

Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems

Due Process Versus Data Processing: An Analysis of Computerized Criminal History Information Systems

This article, based on a comprehensive empirical study of New York\u27s computerized criminal history information system and on national surveys of similar systems, concludes that current regulations governing the dispersion of criminal history information are grossly inadequate. Although information drawn from computerized criminal history files is often inaccurate, incomplete, ambiguous or inappropriate, criminal justice officials and judges routinely use such information in making decisions affecting defendants\u27 liberty. This practice is unconstitutional, and the article suggests ways to regulate criminal history information systems that would protect a defendant\u27s right not to be deprived of liberty without due process of law