Author: Erica Hashimoto

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Defending Oneself

Tomorrow, the Supreme Court is scheduled to hear argument in a case, Indiana v. Edwards, involving a criminal defendant’s constitutional right of self-representation. I hope to talk about the specific issues raised in Edwards in a later post, but I first wanted to discuss my general (and evolving) views on the right of self-representation. Despite my initial resistance to the whole concept of self-representation, over the course of the last several years, as I have thought (and written) on the constitutional right of self-representation, I have come to believe that it is a fundamental right of criminal defendants without which our criminal justice system would lack legitimacy.

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The Department of Justice’s Override of the Alabama Supreme Court

Can officials in the Department of Justice charged with enforcing the Voting Rights Act require a state to comply with a local ordinance that the state’s highest court has held violates the state constitution? There is an interesting case rife with federalism issues scheduled for argument before the Supreme Court later this month that raises this question. The case, Riley v. Kennedy, is somewhat complicated, so at the risk of oversimplifying somewhat, I am going to give a very pared-down version of the facts. Also, in the interest of full disclosure, I participated in a moot argument for the appellant.

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