Richard M. Re
Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments
121 Yale L.J. 1584 (2012). The Reconstruction Amendments are justly celebrated for transforming millions of recent slaves into voting citizens. Yet this legacy of egalitarian enfranchisement had a flip side. In arguing that voting laws should not discriminate on the basis of morally insignificant statuses, such as race, supporters of the Reconstruction Amendments emphasized the legitimacy of retributive disenfranchisement as...
United States v. Ankeny: Remedying the Fourth Amendment's Reasonable Manner Requirement
117 Yale L.J. 723 (2008).
Re-Justifying the Fair Cross Section Requirement: Equal Representation and Enfranchisement in the American Criminal Jury
116 Yale L.J. 1568 (2007) This Note proposes a new justification for the fair cross section (FCS) requirement governing criminal jury composition. While the Supreme Court has defended the requirement by invoking demographic conceptions of the jury’s legitimacy, many scholars have observed that this approach is at odds with contemporary jury law and practice. This Note argues that courts should...