Print Issues

Volume 75, Issue 6



by  Leah R. Fowler & Michael R. Ulrich

Reproductive rights, as we have long understood them, are dead. But while history seems to be moving backward, technology moves relentlessly forward. “Femtech” products, a category of consumer technology addressing an array of “female” health needs, seem poised to fill gaps created by states and stakeholders eager to limit birth control and abortion access and…


The Private Life of Education

by  Fanna Gamal

Every one of the nearly 50 million students enrolled in the U.S. public school system has a permanent record. These records contain private information about academic performance, residency, physical and psychological health, and disciplinary history. Federal information privacy law governs these records and protects student privacy by ensuring that educational records are not disclosed to…


Open Prosecution

by  Brandon L. Garrett, William E. Crozier, Kevin Dahaghi, Elizabeth J. Gifford, Catherine Grodensky, Adele Quigley-McBride & Jennifer Teitcher

Where the vast majority of criminal cases are resolved without a trial, the criminal system in the United States is a system of pleas, not trials. While a plea, its terms, and the resulting sentence entered in court are all public, how the outcome was negotiated remains almost entirely nonpublic. Prosecutors may resolve cases for…


What Even Is a Criminal Attitude?

And Other Problems with Attitude and Associational Factors in Criminal Risk Assessment
by  Beth Karp

Several widely used criminal risk assessment instruments factor a defendant’s abstract beliefs, peer associations, and family relationships into their risk scores. The inclusion of those factors is empirically unsound and raises profound ethical and constitutional questions. This Article is the first instance of legal scholarship on criminal risk assessment to (a) conduct an in-depth review…


An Overlooked Consequence

How Shinn v. Ramirez Paves the Way for New State Collateral Proceedings
by  Sergio Filipe Zanutta Valente

The Supreme Court’s recent decision in Shinn v. Ramirez, 142 S. Ct. 1718 (2022), diminished the role of federal courts in protecting defendants’ Sixth Amendment right to effective assistance of counsel by limiting when a defendant can raise an ineffective-assistance-of-counsel (IAC) claim in federal court. Defendants in states like Arizona and Texas—which bar raising IAC…