In (Trial) Courts (Especially) We Trust

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone describe the increasing importance of courts and lawyers in safeguarding and reinforcing the role of factual truths in our democracy. Dean Amar and Professor Mazzone point out that lawyers and judges are steeped in factual investigation and factual determination, and they call upon legal educators (like themselves) to continue instilling in students the commitment to analytical reasoning based in factual evidence, and to absolutely reject the notion that factual truth is just in the mind of the beholder.

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The Rhetoric About a “Decline” in Religious Liberty Is Good News for Americans

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, explains why the rhetoric about a “decline” in religious liberty actually signals a decline in religious triumphalism, and is a good thing. Professor Hamilton describes how religious actors wield the Religious Freedom Restoration Act (RFRA) not as a shield, but as a sword to destroy the lives of fellow Americans.

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United States v. Rasheed

Docket: 18-3479

Opinion Date: November 25, 2020

Judge: Raymond Joseph Lohier, Jr.

Areas of Law: Criminal Law

The Second Circuit affirmed defendant's conviction and sentence for one count of escape. The court held that venue was proper in the Western District of New York where, on the undisputed facts of this case, the extended limits of defendant's confinement required him to report to the VOA RRC in Rochester, New York by a designated time and his failure to appear there as required constituted an escape from the custody of the Attorney General under 18 U.S.C. 751(a) and 4082. The court also held that the district court's statements regarding defendant being in custody did not violate his right to a fair and impartial trial in violation of due process, and the district court did not abuse its discretion by denying a mistrial. Finally, the court held that defendant failed to show a reasonable probability that a lower criminal history category and advisory range would have affected the ultimate sentence imposed; defendant also failed to show plain error in the district court's calculation of his guidelines range; the court upheld special conditions of supervised release that relate to substance abuse and mental health programs, construing the conditions to provide that the requirement that defendant contribute to services rendered is contingent upon a finding that he is able to pay such a contribution; and the court declined to consider defendant's challenge to the standard risk-notification condition.