This Comment examines the current state of the Bivens doctrine in light of the Supreme Court’s recent holding in Minneci v. Pollard. The author argues that, rather than another example of the Court’s wariness toward “extending” Bivens to a “new context,” Minneci represents a subtle but significant retreat for the doctrine itself. After critiquing the […]
All Work By T. Ward Frampton
The Uneven Bulwark: How (and Why) Criminal Jury Trial Rates Vary by State
Forty-five years since the U.S. Supreme Court first recognized the right to a criminal jury trial as “fundamental to the American scheme of justice,” jury trial rates (the prevalence of jury trials relative to bench trials) in American criminal adjudication actually vary dramatically by state. A sizable body of scholarship has generally explored the decrease […]