Zach Greenberg is a Justice Robert H. Jackson Legal Fellow at the Foundation for Individual Rights in Education (FIRE), a nonpartisan, nonprofit organization dedicated to defending liberty, freedom of speech, due process, academic freedom, legal equality, and freedom of conscience on America’s college campuses.
To reverse a conviction or capital sentence based on ineffective assistance of counsel, a defendant must meet the two-prong standard set out in Strickland v. Washington. The standard requires a defendant to show that (1) “counsel's performance was deficient,” and (2) “the deficient performance prejudiced
Gavin Grimm, a transgender boy, sued his school district for the right to use his school’s men’s restroom. Last October, the 4th Circuit Court of Appeals granted Grimm that right, and the school board appealed. On Monday, the Supreme Court issued a one-sentence ruling vacating
Last week a New York jury found Pedro Hernandez guilty of the murder of Etan Patz, the six-year-old boy who disappeared from his SoHo neighborhood almost forty years ago. The name “Etan Patz” might only ring a distant bell for Millennials, but mention the case
In 2009, Jae Lee–a legal resident but not an American citizen– was charged with possession of ecstasy with intent to distribute. The evidence against Lee was staggering, and his lawyer incorrectly promised that a plea deal would not put him in danger of deportation. The
Last Friday, waiting in a Boston T station with two (white) friends, a middle-aged white woman walked past and told us, “Sit together; don’t trust black people.” Earlier last week, a friend of mine was verbally assaulted because of her race and her gender, explicitly
WBUR News quotes an opinion from the Massachusetts Supreme Judicial Court:
"We do not eliminate flight as a factor in the reasonable suspicion analysis whenever a black male is the subject of an investigatory stop. However, in such circumstances, flight is not necessarily probative of a
As we approach November, with presidential candidates jockeying for our support, civil rights and civil liberties advocates have reason to be concerned. Last month, Donald Trump suggested a desire to “broaden” the laws to allow torture. After the Brussels attacks, Ted Cruz stated that he
Legal formalism is a consistent theme in Justice Scalia’s voluminous opinions. Yet one should not automatically associate formalism with either originalism or conservatism. Justice Scalia’s formalist interpretation of the Constitution occasionally aligned him with the more liberal justices on the Court, as in Hamdi v.
Like many others, I have been moved to write about the recent police killings of Eric Garner and Michael Brown. The reaction to these events has been well covered on Amicus and I urge the reader to look to other sources for a more comprehensive conception