Analysis & Commentary
Justice
Buying Time—2010
The 2010 reports continue the groundbreaking analysis conducted since 2000 examining the sponsorship, content and costs of televised state Supreme Court campaign ads.
– 09/09/10
The Writ Stops Here: No Habeas for Prisoners Held by U.S. Forces in Afghanistan
Faiza Patel, Brennan Center Director of Planning and Counsel, discusses Maqaleh v. Gates in the June 3, 2010 issue of American Society of International Law Insights.
Authored by: Faiza Patel for ASIL Insight
– 06/21/10
You Still Have the Right to Remain Silent
The Supreme Court decision in Berghuis v. Thompkins – holding that, after being informed of their rights, suspects must explicitly tell police that they want to stay silent to invoke their Miranda protections – turns Miranda "upside down," as one dissenting justice put it.
Authored by: Emily Berman
– 06/02/10
Letter to Bureau of Prisons Regarding Communication Management Units
The Brennan Center for Justice and former corrections officials urge policymakers to reevaluate a proposed federal rule that would severely limit prisoners’ ability to stay in touch with their families and communities. They submitted these comments in response to the pending Notice of Proposed Rulemaking titled Communication Management Units, issued by the Federal Bureau of Prisons.
– 06/02/10
Detention Promises Ring Hollow
President Barack Obama pledged to close the Guantanamo Bay detention facility during his campaign and again after his Inauguration, but now the administration has announced plans to continue to hold indefinitely 48 current Guantanamo detainees.
Authored by: Emily Berman
– 05/25/10
Study Finds Systemic Problems in North Carolina’s Court Interpreter System
Authored by: University of North Carolina School of Law, Immigrant and Human Rights Policy Clinic
– 05/05/10
Timeline of FY 2010 Appropriations Process and Efforts to Repeal Key LSC Restrictions
An overview of the successful rollback of the legal services restrictions in 2009
– 04/26/10
Community Oriented Defender Network | Spring 2010 Update
The COD Network is taking strides to address racial disparities in the criminal justice system and expand the Network’s reach. Read about our latest efforts to improve justice for indigent defendants and new opportunities for collaboration.
– 04/23/10
Too Big A Canon in the President’s Arsenal: Another Look at United States v. Nixon
The article addresses the critical, and much-discussed, issue of the growth of executive branch secrecy from a unique perspective. It identifies the case of United States v. Nixon—a case that ironically is celebrated for limiting presidential power—as a foundation for the modern culture of excessive executive secrecy, and especially for the use of executive privilege to block legislative inquiries into executive-branch policy.
Authored by: Eric Lane, Frederick A.O. Schwarz, Jr., and Emily Berman
– 04/12/10
The Right to Counsel: Is it Being Denied?
Authored by: Gabe Pressman
– 04/06/10