Featured Articles

Criminal

Protecting Constitutional Rights in an Age of Anxiety: A New Approach

This article looks at why the traditional "rights/remedy" paradigm has failed and proposes a fundamentally different approach. Employing the Privileges or Immunities Clause of the Fourteenth Amendment, this new approach would generate proactive rather than reactive solutions to the problem of maintaining constitutional protections for human rights. In particular, we will see how the right to travel, now firmly established as a privilege of national citizenship, could be used to address the problem of racial profiling.

Criminal

Behind Bars in America

Judging simply by the numbers, one might expect that the subject of incarceration in the United States would be too big to be ignored. Some two million adults are behind bars, and over $40 billion a year is budgeted toward keeping them there. But despite the enormous human and financial costs, there is little public debate over the country’s imprisonment policies, certainly much less than that accorded education, health care, and other serious issues of the day.

Criminal

Human Rights Hero: Honorable Nancy Gertner

Standing at five-foot, three inches, Judge Nancy Gertner, of the U.S. District Court of Massachusetts, may or may not be physically able to carry someone from a burning building, but in her twenty-three-year career as a criminal defense and civil rights lawyer, and—since 1994—in her capacity as a federal judge, Judge Gertner has rescued an untold number of people from the imminent danger of unjust imprisonment. In doing so, she has become a human rights hero.