CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, October 13, 2014

Richman on Fifteen Years of Criminal Procedure

Richman danielDaniel C. Richman (Columbia Law School) has posted Fifteen Years of Supreme Court Criminal Procedure Work: Three Constitutional Brushes on SSRN. Here is the abstract:

This essay – written in connection with a French National Research Agency project on “Neo or Retro Constitutionalisms” – is an effort to pull together the last fifteen years of Supreme Court criminal procedure cases expanding constitutional protections. It identifies three different styles: thin and clear doctrinal lines on miniature doctrinal canvases that have only passing connections to criminal justice realities; episodic and self-limiting engagements with a potentially larger regulatory space; and a grand style that hints at sweeping structural ambitions but collaborates with other regulatory authorities. Readers undoubtedly can come up with more than three styles. But, in any event, the exercise highlights the limited nature of the Court’s work during this period, the limits of formalism, and the need for scholars to disaggregate broad references to “constitutionalism.”

https://lawprofessors.typepad.com/crimprof_blog/2014/10/richman-on-fifteen-years-of-criminal-procedure.html

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