Print Issues

Volume 75, Issue 2


How Immigration Detention Became

by  Paulina D. Arnold

Over the last five years, the United States has held around 37,000 people in immigration detention every day. Over 70% are held without any chance of bond. For those who manage to obtain a bond hearing, they bear the burden of proving that they are neither dangerous nor a flight risk. This scheme would be…


The Petition Clause and the Constitutional
Mandate of Total-Population

by  J. Colin Bradley

The Constitution guarantees an equal right to representation for all residents of the nation—citizens and non-citizens, voters and non-voters alike. Yet ongoing political and legal controversies over the appropriate basis for state legislative apportionment and satisfying the “one person one vote” doctrine highlight the uncertainty about how the constitutional commitment to universal representation should be…


Imperialism and Black Dissent

by  Nina Farnia

As U.S. imperialism expanded during the twentieth century, the modern national security state came into being and became a major force in the suppression of Black dissent. This Article reexamines the modern history of civil liberties law and policy and contends that Black Americans have historically had uneven access to the right to freedom of…


The Constitutional Case for Clear and
Convincing Evidence in Bail Hearings

by  Marty Berger

Since 1987, the U.S. Supreme Court has emphasized that pretrial detention is the narrow exception to the general rule of pretrial release. The Bail Reform Act of 1984 (BRA) enshrines the presumption of release in federal law, permitting pretrial detention in two circumstances. First, a court may deny bail to anyone whose pretrial liberty would…