The Counterrevolution Enters a New Era: Criminal Procedure Decisions During the Final Term of the Burger Court

This Article canvases the Burger Court’s counterrevolution in criminal procedure effectuated by a series of rulings that restructured the balance between the state and the criminally accused. The Article identifies the five major themes that have marked the Burger Court’s counterrevolution in criminal procedure and demonstrates how these themes were illustrated by various decisions this term during the 1985-86 term. After providing this background, the Article poses questions of how shifts in the composition of the Court may affect the trajectory of criminal procedure

The Counterrevolution Enters a New Era: Criminal Procedure Decisions During the Final Term of the Burger Court

This Article canvases the Burger Court’s counterrevolution in criminal procedure effectuated by a series of rulings that restructured the balance between the state and the criminally accused. The Article identifies the five major themes that have marked the Burger Court’s counterrevolution in criminal procedure and demonstrates how these themes were illustrated by various decisions this term during the 1985-86 term. After providing this background, the Article poses questions of how shifts in the composition of the Court may affect the trajectory of criminal procedure

Court Review: Volume 41, Issue 2 - Recent Civil Decisions of the U.S. Supreme Court: The 2003-2004 Term

The civil cases decided by the United States Supreme Court during its last term were headlined by its decisions reasserting the rule of law in the context of detainees in the war on terrorism. In addition, the Court handed down a number of decisions on civil rights, the First Amendment, federalism, presidential power, and civil statutory interpretation. We review those cases here

Court Review: Volume 40, Issue 2 - Recent Criminal Decisions of the United States Supreme Court: The 2002-2003 Term

In criminal cases, this term of the United States Supreme Court had several important decisions, but no landmark cases. The Court continued to favor law enforcement. One significant development was the substantial impact of section 2254(d) of the Anti-terrorism and Effective Death Penalty Act is having in closing the door of federal courts to state prisoners petitioning for the writ of habeas corpus. Here are several of the important criminal decisions decided this term

Court Review: Volume 39, Issue 1 - Recent Civil Decisions of the United States Supreme Court: The 2001-2002 Term

The United States Supreme Court’s 2001-2002 term marked Chief Justice Rehnquist’s 30th anniversary on the bench. Given the continuing prominence of 5-4 splits along typically ideological lines, the chief justice’s leadership is as significant as it ever was. In the context of the Court’s civil decisions, the chief justice’s importance to the conservative bloc was demonstrated in the case immunizing states from privateparty complaints adjudicated by administrative agencies and in the Court’s acceptance of a policy permitting public vouchers to be used for religious school tuition. The Court also confronted significant issues regarding the First Amendment and limitations on protecting children from pornography; regulation of HMOs; student privacy; and, possibly most noteworthy, the applicability and limitations of the Americans with Disabilities Act

Court Review: Volume 43, Issue 3 – Recent Criminal Decisions of the United States Supreme Court: The 2006-2007 Term

The past Term of the Court was one in which it swung to the right. A single justice, Justice Anthony Kennedy, made all the difference—being in the majority in every five-to-four decision that split along ideological lines. Cases of particular interest to state-court judges held that a passenger in a routine traffic stop is seized for Fourth Amendment purposes, that California’s determinative sentencing law was unconstitutional, and that the Court’s decision on Crawford v. Washington would not be applied retroactively on collateral review

Court Review: Volume 40, Issue 2 - Recent Criminal Decisions of the United States Supreme Court: The 2002-2003 Term

In criminal cases, this term of the United States Supreme Court had several important decisions, but no landmark cases. The Court continued to favor law enforcement. One significant development was the substantial impact of section 2254(d) of the Anti-terrorism and Effective Death Penalty Act is having in closing the door of federal courts to state prisoners petitioning for the writ of habeas corpus. Here are several of the important criminal decisions decided this term