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October 9, 2014

"Fifteen Years of Supreme Court Criminal Procedure Work: Three Constitutional Brushes"

The title of this post is the title of this lovely essay by Daniel Richman now available via 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.”

October 9, 2014 at 08:50 AM | Permalink

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Comments

This is French Structuralism BS at its best.

Let me translate.

The Justices are idiots. ("...lines on miniature doctrinal canvases...")

They are biased in favor of the current worthless ways of doing business ("... hints at sweeping structural ambitions but collaborates with other regulatory authorities.")

Posted by: Supremacy Claus | Oct 9, 2014 9:46:11 PM

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