Author: Stephen E. Henderson
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Double Jeopardy Same Offense Stays the Same… For Now
The Court unanimously agrees that Congress intended only a single conviction, ending the matter… except to Gorsuch.
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Brigham City Emergency Aid Lives On
The Court unanimously, as expected, sticks to its sui generis rule.
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Let’s Be Reasonable About Geofence Warrants (Part 5) – New Jersey v. Bryant
The NJ Superior Court’s Appellate Division takes a measured (if less than ideal) approach to cell tower dumps, and this time in a published opinion.
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Law Prof Versus Practitioner Salaries – Same As It Ever Was
If the difference was also roughly five times in the 1800s… ought we be satisfied?
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Why ‘Henderson’ (or Anyone Else) on Criminal Law and Procedure
Admitting all ego, decisions do simply have to be made.
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More Federal Failures to Indict
Are we experiencing a grand jury blip, or something that will prove more significant?
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John Cleese on the Serious and the Solemn
Potentially moving the ball forward on the place of humor in the contemporary criminal curriculum.
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Rehabilitating Einstein – What Quantum Discomfort Can Teach the Criminal Law
When even quantum scientists aren’t sure… what can the criminal law learn but humility?
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Crimprof Blog Rises (Again)
The next chapter begins, with a new home.
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All the Wrong Questions (Part 3) – Normative Opacity in the Age of Strong AI
As we achieve more intelligent machines… are there things about criminal justice that we ought to refuse to allow anyone to learn?
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A Meh Campus Novel – Moo
Earl Butz and company didn’t do much for me, making Moo a campus novel for which I’ll recommend a (gentle) skip.
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All the Wrong Questions (Part 2) – An Honest Verdict
The potential for substituting in truly intelligent machines makes me wonder… why do we ask juries the questions we do?
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Another in the Campus Novel Pantheon – Stoner
It’s no joyous romp through the absurdities of academia, but it’s definitely worthy of a read.
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In Defense of Pardons
An important lever of mercy? Or a kingly vice?
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All the Wrong Questions (Part 1 Prime) – Pascal on Natural Law
“Doubtless there are natural laws, but … reason having been corrupted, it corrupted everything.”
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All the Wrong Questions – Criminal Adjudication in the Age of Strong AI
The potential for substituting in truly intelligent machines makes me wonder… are we doing this wrong?
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Let’s Be Reasonable About Geofence Warrants (Part 4) – Ohio v. Diaw
The Ohio Supreme Court reasonably holds a person retains no reasonable expectation of privacy in a single location datum conveyed to a third party.
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No More Chest Thumping in Iowa – A Garbage Search About-Face
Iowa proves a legal realist’s dream (and privacy failure) in narrowing its state constitutional search protection.
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No, Chief, Do Not Consider Banning AI
Intelligence (human or machine) weeps at the ignorance of “banning the use of artificial intelligence in legal proceedings.”
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Rethinking Law School Exams
Why the lengthy issue spotter?
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Martin v US (Somewhat) Cleans Up Policing Liability Under the FTCA
Unanimously better on the law enforcement proviso and supremacy is good improvement, even with work remaining on ‘discretionary function.’
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Reflecting on a Full Life with Big Fish
How to deliver bad news… Big Fish style.
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Let’s Be Reasonable About Geofence Warrants (Part 3) – NJ v. Van Salter
A divided New Jersey Superior Court appellate panel does good work, but is (understandably) too fixated on the single suspicion standard of probable cause.
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The Reasonableness of Police Force and Supreme Court Concurrences
Kudos on unanimity regarding straightforward Fourth Amendment law… but boo to an entirely superfluous concurrence.
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Silence During Interrogation and US v. Ward
Silence can be inscrutable… but what about when it’s not?
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Academia’s Farcical Foursome
If you find academia absurd, these four novels are for you.
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Let’s Be Reasonable About Geofence Warrants (Part 2) – US v. Chatrie
Eight concurrences and no majority is not getting the job done.
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Let’s Amend the US Constitution
We need practice, so any non-harmful Amendment will do.
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Let’s Be Reasonable About Geofence Warrants
I appreciate the Fifth Circuit attention—and stand by that work—but a categorical ban is not reasonable.
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Classroom Generative AI Hallucinations
When class discussion goes AI-rogue.
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What Cobra Kai Teaches Profs
Achieving balance is a lifelong quest that few achieve… whether in the academy or outside it.
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Bar Journals Censoring Criticism of State Judges
Do bar journals outside of Oklahoma similarly engage in viewpoint discrimination?
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On Glossip and Oklahoma Criminal Justice
What will Oklahoma do to improve, now that these ugly truths are ‘proclaimed from the rooftops’?
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Has Trump Second Affected the Crim Law Classroom?
Has the change in administration (and all that goes with) affected your classroom?
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New York (Predictably) Overcharging Luigi Mangione – Who Needs a Rule of Law?
Why can’t the prosecutor simply follow the law?
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Crim Book Recommendations
Some of the books I like to use in teaching.
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Crim Movie Recommendations
Some of the films I like to use in teaching.
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On State Search and Seizure
Several posts concerning state constitutional law of search and seizure.
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So you are going to law school…
Some advice for the soon-to-be 1L.
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So you want to go to law school…
Some advice for the potential applicant.
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Carpenter AI-Generated Podcast
Google’s NotebookLM generates a podcast concerning the Carpenter decision.
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CrimProf Blog Lives On
A next life for CrimProf Blog.