And how we learn to trust elections again.

Half a century after approving coercive plea bargaining, the Supreme Court is beginning to recognize its costs.

The Council on Criminal Justice's Centering Justice initiative and a distinguished panel of experts discussed the state of due process in America today, exploring where constitutional safeguards are h...

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America.With less than 5 percent of the world’s population and almost a quarter of...

<p>Although America’s victims’ rights movement has achieved enhanced punishments and important rights for victims in criminal cases, it has accomplished little

<p>Although America’s victims’ rights movement has achieved enhanced punishments and important rights for victims in criminal cases, it has accomplished little

Rachel Barkow, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration (2025).Darryl BrownThe United States imprisons about 1.8 million people—more than any ot...

Deploying the National Guard is about many things, but it is not about fighting crime

<p><i>Scholars have spent sixty years documenting </i>Brady v. Maryland’<i>s failures—its materiality standard that licenses suppression of exculpatory evidence

A crucial flaw, Barkow observes, is that true originalist judges wouldn’t predetermine a conclusion and then contrive doctrines that erode constitutional safeguards to achieve their desired outcome.

Brennan Center LIVE is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, criminal justice, and the Constitution.

Brennan Center LIVE is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, criminal justice, and the Constitution.

How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

Alt: a man in a wheelchair with his mouth open says i want soup

Cambridge Core - Constitutional and Administrative Law - The Changing Constitution

The Skrmetti decision on transgender care for minors

JUDJ-Prepared Summary from June 12, 2025 | Justice Abandoned: What Happens When the Supreme Court, the Constitution and the Rule of Law Are Ignored? The views and opinions expressed in this blog are t...

Trump pardons Todd and Julie Chrisley, Paul Walczak, and more

NPR's Steve Inskeep discusses the history of presidential pardons Rachel Barkow, Professor of Law at New York University.

Private incarceration companies are playing a huge role in Trump’s deportation plans. The biggest detention centers in the country are run by private companies – many of which have tried to curry favor with the Trump Administration by donating to Republican campaigns or Trump’s inaugural committee. NYU Law Professor Rachel Barkow says the dynamics mimic the larger prison industrial complex. Co-Creator, Migration and Technology Monitor Petra Molnar says some tracking apps developed by these companies can be efficient, “But right now, what technology is doing is actually replicating racism, discrimination, carceral logic.”

Private incarceration companies are playing a huge role in Trump’s deportation plans. The biggest detention centers in the country are run by private companies – many of which have tried to curry favor with the Trump Administration by donating to Republican campaigns or Trump’s inaugural committee. NYU Law Professor Rachel Barkow says the dynamics mimic the larger prison industrial complex. Co-Creator, Migration and Technology Monitor Petra Molnar says some tracking apps developed by these companies can be efficient, “But right now, what technology is doing is actually replicating racism, discrimination, carceral logic.”

Lessons for today from Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

Lessons for today from Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration