Introduction The doctrine of abatement ab initio (hereinafter “the doctrine” or “abatement doctrine”) erases a defendant’s conviction if the if the defendant dies while an appeal is pending. Most federal courts, as well as several states, have adhered to this doctrine for decades. Over time, some states have modified the doctrine, and others have abolished…

Introduction As the U.S. legal system is struggling to adapt to the digital world, more and more Americans own and use electronic devices. Today, ninety-six percent of American adults own cell phones, with individuals looking at their phones an average of fifty-two times per day. The cell phone is an omnipresent device with the ability…

Authors Note: Crandall Melvin Professor of Law, Syracuse University College of Law; J.D., New York University School of Law; A.B., Princeton University. For their thoughtful comments and suggestions, I am grateful to Nicolas Commandeur, Ian Gallacher, Janet Moore, and Anna Roberts. Thank you also to Kyle Sutton, Emily Horjus, Gabrielle Mainiero, and Danielle Walsh at…

Introduction Efficient case resolution is necessary to effectuate the accused’s right to a speedy trial under the Sixth Amendment, but it is also necessary to ensure the effective utilization of judicial resources more broadly. Yet, balancing judicial efficiency with quality case processing and ensuring just outcomes remains a challenge. Additionally, there are constant reminders throughout…

Abstract Throughout the history of the legal profession, lawyers have been subjected to high ethical and professional standards. Following the Watergate scandal, the legal profession renewed its focus on ensuring that lawyers behave ethically. Unfortunately, in spite of the promulgation of new ethical rules and requirements that law schools teach classes on legal ethics, public…

One of the ways in which individual liberty is protected under the federal constitutional scheme is the extent to which it contemplates that states may develop new safeguards under their own constitutions that go beyond what the Bill of Rights contains. In November 2018, the citizens of New Hampshire endorsed just such a protection, voting…