Announcements

Book Review of The Laws of Spaceflight: A Guidebook for New Space Lawyers

20 May 2013 09:23pm Glenn Harlan Reynolds 

The Twenty-First Century Fingerprint: Previewing Maryland v. King

26 Apr 2013 12:00am Keagan D. Buchanan 

Race, Descent, and Tribal Citizenship

16 Apr 2013 02:09pm Bethany R. Berger 

Law and Local Activism: Uncovering the Civil Rights History of Chambers v. Mississippi

13 Apr 2013 11:12pm Emily Prifogle 

Financial Conflicts of Interest and the Funding of New Orleans’s Criminal Courts

13 Apr 2013 11:08pm Micah West 

Using New Orleans as a case example, this Comment describes the dozens of fines, fees, and costs that may be imposed on criminal defendants. As the amount of criminal justice debt grows so too does the likelihood of incarceration for those unable to pay their financial obligations.

After describing these barriers, the Comment focuses on the constitutional and political concerns raised by fines, fees, and costs in New Orleans's criminal courts. Each criminal court in New Orleans is significantly funded by fees and costs, which raise millions of dollars for the Municipal, Criminal District, and Traffic Courts each year. The money, which is deposited into the courts' own bank accounts, helps pay for, among other costs, each court's operating expenses and non-judicial salaries. Because each court can only generate income from fees and costs if a criminal defendant is detained or convicted of a crime, the funding structure creates a financial incentive for judges to detain and convict criminal defendants. The Comment argues that the courts' funding structures violate the Due Process Clause of the Fourteenth Amendment, which guarantees a right to a trial before an impartial judicial officer. Elaborating on this guarantee, Tumey v. Ohio, 273 U.S. 510 (1927) and Ward v. Monroeville, 409 U.S. 57 (1972) found that the Due Process Clause is violated where, as in New Orleans, a judge has a personal or institutional financial stake in the outcome of a case. The Comment ends with several recommendations to reform the courts' funding structures to encourage a more just and fair criminal justice system in New Orleans.

Citizen Spouse

13 Apr 2013 11:04pm Kerry Abrams 

In this essay, I offer an alternative view of marriage as citizenship. The notion may be romantic, but when enshrined in law, it also has important distributional consequences that, I argue, should be of concern. Until quite recently, a woman's citizenship was determined not just metaphorically but legally by her marriage. At the level of state citizenship, a married woman's citizenship followed her husband's under rule of "derivative domicile"; at the national level, her citizenship could be bestowed or taken away depending on the citizenship status of her husband. In this essay, I examine the history of the derivative domicile and national citizenship rules to explore the ways in which marriage can-and does-function as citizenship and to offer a critique of the ways in which citizenship talk still infuses our understanding of marriage today. Marriage, I argue, can be understood as an identity-producing legal status, akin to state or national citizenship, and the ways in which this understanding of marriage can lead to its dwarfing or trumping other identity statuses. 

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