Sidebar Publishes Essay on Remedial Rationing
Columbia Law Review‘s Sidebar is pleased to announce the publication of Melendez-Diaz v. Massachusetts, Rodriguez v. City of Houston, and Remedial Rationing by Professor Jennifer Laurin of the University of Texas School of Law.
In her Essay, Professor Laurin identifies a trend in recent Supreme Court jurisprudence to restrict the enforcement of criminal procedure rights to either criminal defense or civil rights litigation, something she calls remedial rationing. Using Melendez-Diaz v. Massachusetts—a criminal appeal decided by the Supreme Court last term—and Rodriguez v. City of Houston—a civil rights suit which the author participated in litigating—as examples, Professor Laurin discusses the prospects for each type of remedy to regulate law enforcement conduct. She concludes that neither regime can adequately protect criminal defendants’ rights on its own, and that the two regimes work together in important ways.