Criminal Litigation & Procedure

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Term Talk: Smith v. United States, Samia v. United States, In Re Grand Jury

Laurie Levenson, Evan Lee, Clara J. Altman

October 5, 2023

Criminal Law. Venue. Double Jeopardy Clause. Sixth Amendment. Experts analyze the Supreme Court’s holdings in important criminal law cases. In Smith v. United States the Court rules that double jeopardy does not apply to trials conducted in the wrong venue. Samia v. United States addresses whether use of a non-testifying co-defendant’s confession at trial violates the right to confront witnesses. Finally, they discuss what the dismissal after oral argument of In Re Grand Jury might mean to efforts to expand the scope of the attorney-client privilege.

Evaluation of the Interim Recommendations from the Cardone Report

Margaret S. Williams, Barbara Meierhoefer, Carly E. Giffin, Jana E. Laks, Leeann W. Bass, Laural L. Hooper, Kenneth Lee

September 18, 2023

This report evaluates the implementation of the interim recommendations made by the Ad Hoc Committee to Review the Criminal Justice Act, appointed by the Chief Justice, in its

Term Talk: Students for Fair Admissions v. Harvard College

Erwin Chemerinsky, Tara L. Grove, James A. Chance

September 7, 2023

Equal Protection. Title VI. Affirmative Action. Experts discuss the Courts move from allowing the consideration of race to remedy past harms and promote diversity, to the emerging constitutional requirement to create a color-blind society.

Case Commentary: Vieira v. De Souza, 22 F.4th 304 (1st Cir. 2022)

James D. Garbolino

February 9, 2023

Grave Risk Defense | Child’s Objection to Return | Role of Trial Court

In this case, after being left in the father’s care for two years, a child was removed from Brazil by his maternal aunt and taken to Massachusetts to live with his mother.

The Bail Reform Act of 1984, Fourth Edition

Jefri Wood

October 4, 2022

** Please note that due to limited inventory, we are not able to fulfill bulk requests. Please limit the order to 1 copy (and no more than 3 copies).

National Security Case Studies: Special Case-Management Challenges, Seventh Edition

Robert Timothy Reagan

August 28, 2022

Cases involving national security often pose unusual and challenging case-management issues for the courts.

Amendments to the Federal Rules of Practice and Procedure 2023—Transmittal to the Judicial Conference

August 23, 2022

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2023.

Study of the Administrative Office of the U.S. Courts’ Wiretap Report

David E. Rauma, James B. Eaglin, Carly E. Giffin, Marvin L. Astrada

December 16, 2021

This report presents the findings from focus groups conducted with judiciary and nonjudiciary stakeholders on the Administrative Office of the U.S. Courts' Wiretap Report.

Term Talk: Jones v. Mississippi, Edwards v. Vannoy

James A. Chance, Suzanna Sherry, Laurie Levenson

October 28, 2021

Constitutional Criminal Law. Experts discuss the Supreme Court’s elimination of the Watershed Exception for procedural rule changes in Edwards v. Vannoy, and the lack of need for specific findings in life without parole sentencing of juveniles in Jones v. Mississippi.

Term Talk: Terry v. United States, Van Buren v. United States

James A. Chance, Evan Lee, Laurie Levenson