Publications

SYMPOSIUM FOREWORD: PRIVACY RIGHTS AND PROACTIVE INVESTIGATIONS: EMERGING CONSTITUTIONAL ISSUES IN LAW ENFORCEMENT

A single breakthrough-scientific, scholarly, technological--can radically reshape the landscape of criminal law. It was once fingerprints and wiretaps that transformed the gumshoe detective work of yesteryear into a sophisticated modem enterprise. Today, DNA databases and GPS location tracking have expanded the capacity of police to unearth clues and identify suspects; wholesale investigations that were previously too cumbersome to execute, too expensive to justify, or too fanciful to imagine are now routine. And these vanguard innovations arrive just as another round of concerns about the frailties of human memory gains traction, making it harder than ever to rely solely on eyewitnesses... (MORE)

ENDING DISCRIMINATORY PROFILING IN MARYLAND

Discriminatory profiling by police is inconsistent with Maryland’s enduring commitment to equality under the law. That promise is enshrined in our state and federal constitutions, in our antidiscrimination laws, and in the regulations and internal directives of law enforcement agencies across the State. This Guidance Memorandum fortifies Maryland’s commitment to equality by promoting uniform statewide standards on the proper use of race, ethnicity, national origin, gender, gender identity, sexual orientation, disability and religion in the vital work of police. This Guidance aims to ensure that our pledge of equal protection is ingrained, in principle and in practice, in the everyday conduct of police, and is embodied by the everyday experience of all people in Maryland... (MORE)

Murder,He Wrote

On their engagement night, a man beat his fiance to death after seeing her dance with a male friend (p. 35). Incensed by an aggressive sexual overture, a young man brutally attacked and left for dead a gay stranger with whom he had been walking across a baseball field (p. 88). A police officer shot and killed an inebriated Taiwanese man in his driveway, later explaining that the overweight engineer had been twirling a wooden stick like a "Ninja fighter" (pp. 171-74). None of these killers was ever convicted of murder... (MORE)

Nine Justices, Ten Years: A Statistical Retrospective

The 2003 Term marked an unprecedented milestone for the Supreme Court: for the first time in history, nine Justices celebrated a full decade presiding together over the nation's highest court.' The continuity of the current Court is especially striking given that, on average, one new Justice has been appointed approximately every two years since the Court's expansion to nine members in 1837.2 Although the Harvard Law Review has prepared statistical retrospectives in the past,3 the last decade presents a rare opportunity to study the Court free from the disruptions of intervening appointments... (MORE)

DEMOCRACY IN IRAQ: REPRESENTATION THROUGH RATIFICATION

Since April 2003, the drama of democracy in Iraq has unfolded on a global stage, with policymakers, politicians, and pundits scrutinizing the choreography of every scene. Their attention is well warranted. After all, not only will historians chronicle the fate of the Iraqi experiment as the enduring legacy of, or stain on, the presidency of George W. Bush,1 but it will also invariably be treated as a barometer of the prospects for nation-building and democracy in the Middle East.2 Indeed, if successful, Iraq would provide a possible template for other nations on a similarly democratic trajectory. In view of these implications, the design of the constitutional and electoral processes for Iraq is of great import... (MORE)