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Is Prolonged Solitary Confinement Cruel and Unusual Punishment?
ACLU
The question of whether solitary confinement per se constitutes cruel and unusual punishment has been litigated, and generally answered in the negative. However, modern psychological research has shown that prolonged solitary confinement has profound permanent effects and sometimes has been compared to torture. Is solitary confinement becomes cruel and unusual under our evolving standards of decency? Is there a point at which, even if it is generally acceptable, prolonged solitary confinement is cruel and unusual?
Topic Available
Mr. Shahid Ali Buttar When senior U.S. officials are complicit in enhanced interrogation techniques that some describe as torture, what is the potential impact on the international legal regime?
Bill of Rights Defense Committee

Northampton, MA 		Despite international commitments to investigate allegations of torture, and the Nuremberg precedent requiring prosecution throughout the chain of command, senior U.S. officials confront neither prosecution nor investigation for potential war crimes (including torture) violating international treaties, federal statutes, and the Constitution. Can the international legal regime founded after WWII survive violations by the nation that pioneered it? Does a limited investigation of junior level players ratify the legality of torture, even if repudiated as a policy matter? Will it invite further torture in the future? And does it threaten the legitimacy of the criminal justice system generally?
Topic Available
Mr. Shahid Ali Buttar Do police stops for the purposes of domestic surveillance / intelligence collection implicate Fourth Amendment protections?
Bill of Rights Defense Committee

Northampton, MA 		Law enforcement authorities increasingly stop law-abiding Americans for searches or interrogations without suspicion of criminal activity, for the purposes of collecting intelligence information for retention, datamining, and dissemination to other agencies. When police officers interact with an individual on such grounds, should they be constrained according to a formalistic understanding of the Fourth Amendment operable only in the context of criminal law enforcement, or should a functional standard (recognizing the powerlessness of the individual relative to the officers) apply? What is the meaning of the Fourth Amendment under the preventive paradigm?
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Mr. Andrew C. Simpson Could U.S. v. Denedo represent an opportunity for a broad expansion of the right to coram nobis relief?
Andrew C. Simpson, PC

Christiansted, VI 		Coram nobis is a writ that allows a federal court to alter a judgment in a federal criminal conviction long after the defendant has served his sentence. In the recently decided U.S. v. Denedo case, the primary issue was whether coram nobis relief is available in military courts. In Denedo, the Court held that military courts can entertain writs of coram nobis. Can Denedo be fairly interpreted to represent a vast expansion of the availability of coram nobis relief in non-military, federal criminal cases? What is the potential impact of such a reading? What policy considerations are in play?
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May a Criminal Defendant Consent to be Tried by a Jury that is not Impartial?

Many criminal defendants waive the right to a jury trial before pleading guilty, but what about a defendant who does not waive the right to be tried by a jury, but does waive the right to be tried by an impartial jury? E.g., the defendant fails to object when he finds out about the bias of a juror who ends up serving on the jury. The circuits are split on whether a defendant may consent to be tried by a jury containing a biased member.
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Mr. Joshua A Tepfer Competency of defense witnesses and the Sixth Amendment
Northwestern University School of Law

Chicago, IL 		Do any courts or legislation argue that the question of a defense witness' competency is irrelevant for purposes of admissibility -- i.e., perhaps that the defendant's sixth amendment right to present a defense trumps any question of competency for admissibility purposes? Is this argument reasonable?
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Mr. Jim Neuhard Are state constitutional rights that aren't found in the U.S. Constitution enforceable in federal court?
Michigan's State Appellate Defender Office

Detroit, MI 		Under what circumstances, if any, can federal courts enforce rights that are explicitly guaranteed in state constitutions but not in the federal constitution? Can the process by which states were admitted to the union or the state’s constitution itself allow federal courts to hold states accountable for granting specific rights not guaranteed under the federal constitution? For example, the Michigan Constitution specifically guarantees the right to an appeal, yet the Federal Constitution only infers that right from the 14th and 5th amendment’s right to due process.
Topic Available
Mr. Jeff Senter What is the impact of elected judges, and judicial elections, on the adjudication of sexual assault cases?
Students Active For Ending Rape (SAFER

Brooklyn, NY 		The United States is virtually alone among nations in its extensive use of elected judges. What impact does the use of elected judges have on the adjudication of criminal and civil cases of sexual assault? States vary in their use of judicial elections. How do elected judges in the United States compare to unelected judges in the United States in handling cases involving sexual assault? What impact do publicized, competitive judicial elections have on the prosecution and handling of sexual assault cases?
Topic Available
Legal and ethical obligations when seeking a competence determination for adult criminal defense client
National Legal Aid & Defender Association
When a criminal defense lawyer has reason to question her adult client’s competence, but when conviction would impinge on the client’s liberty less than would a determination of incompetence, what are the lawyer’s obligations when determining whether to seek a competence determination? An attorney may know that if she goes to trial the punishment for her client at most could be twenty years imprisonment. If she seeks an incompetence determination her client could be institutionalized for an indeterminate and possibly longer period than twenty years. Is this strategic decision ethical? Where have the courts split on this?
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Indigent criminal defendant�s right to be represented by same lawyer at all stages of prosecution

The definition of the right to counsel for criminal defendants and what effective counsel means is not always clear cut. The changing interpretation of Gideon has opened new questions as to how far the right to counsel extends. Does an indigent criminal defendant have a Sixth Amendment right to be represented by the same lawyer at all critical stages of a criminal prosecution, absent extraordinary circumstances or a knowing, intelligent, and voluntary waiver? Is it really effective representation if a defendant has a new counsel at every stage of the criminal prosecution?
Topic Available
Standard for when an criminal defense attorney must counsel a client regarding collateral consequences
National Legal Aid & Defender Association
What is the Sixth Amendment standard for ineffectiveness when an attorney counsels a client regarding whether to plead guilty or not guilty and fails to advise the client regarding the decision’s collateral consequences, such as access to public housing, deportation or exclusion from the United States, or denial of public benefits or student loans? A defense attorney wants to make sure that her client gets the least amount of time behind bars, but when she advises her client to plead guilty to a lesser charge, is she obligated to counsel her client about the collateral consequences?
Topic Available
Constitutional standard for criminal defendant’s right to independent factual investigation of charged conduct
National Legal Aid & Defender Association
Ake v. Oklahoma set the standard for when an indigent defendant has the right of access to an expert provided by the state if he cannot afford one. The Supreme Court found that being indigent should not preclude him from expert help. But what is the constitutional standard for a criminal defendant’s right to an independent factual investigation of the charged conduct? Is the analysis the same as for expert assistance as in Ake or is independent investigation so inextricably intertwined with the right to counsel that it warrants a different standard and analysis?
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Should the right to privacy protect the payment of money for sex when conducted in private between consenting adults
National Legal Aid & Defender Association
The right to privacy has been expanding for decades, reflecting society’s views on topics such as abortion, gay rights, and women’s rights. Should our society’s evolving standards of decency and/or the right to privacy make unconstitutional the criminal punishment of the payment of money in return for sex when both the transaction and sexual act occurs in private between consenting adults? Has our society’s standards changed enough so that the “oldest profession” in the world should now be constitutionally protected?
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Mr. Keith Roberts What Trial Judges Do
ABA Judicial Division, Lawyers' Conference

NY, NY 		It appears that many of the cases processed through trial courts, perhaps even most of them, do NOT involve disputes. Neither the facts nor the law are in question. Hypothesis: instead of resolving disputes, judges are processing social problems and coordinating social services. We have no data, however, to either support or refute this perception. This paper would result from an effort to review the relevant literature, not only law reviews, but also political science, criminalogical, sociological and economic books and journals, to find the data and thinking about what judges do in the 21st century.
Topic Available
Mr. James Neuhard Considering the history of habeas corpus and recent “original intent” decisions, where does Congress derive the power to eliminate or curtail the Writ?
Michigan's State Appellate Defender Office

Detroit, MI 		In 1996, Congress passed the Anti-Terrorism and Effective Death Penalty Act (AEDPA). The US Constitution states: Article 9 "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." The AEDPA significantly curtailed the availability of and eliminated the right to file the writ if not filed timely or if a successor petition. Considering the history of habeas corpus and recent “original intent…” USSC decisions, where does Congress derive the power to eliminate or curtail the Writ? Are there potential legal challenges to AEDPA?
Topic Available
Fourth Amendment Requirements for Immigration Detention
ACLU of Southern California
Many cases establish that the Fourth Amendment applies to law enforcement in the immigration context. However, although it is generally believed that the Fourth Amendment requires that a criminal suspect be brought before a Magistrate for a probable cause and bail hearing within forty-eight hours of arrest, in the immigration context non-citizens are detained without being brought before magistrates at all. By regulation, the only requirement is that a deportation officer conduct a probable cause determination, which is done without any hearing or presentment before a neutral judicial decisionmaker. Is this consistent with the Fourth Amendment?
Topic Available
Mr. Jonathan Sacks Right to Discovery on Appeal based on U.S. Constitution and Michigan Law
State Appellate Defender Office - Michigan

Detroit, MI 		Indigents face particular hurdles when gathering evidence for defending against criminal charges. When defense counsel receives only part of the available case material at trial, under what circumstances can an indigent defendant gain access to further discovery on appeal when required by enforcement authorities to pay an amount that is neither provided by the court nor affordable by the indigent? While U.S. constitutional principles are certainly relevant, this project also requires examining Michigan caselaw. One approach may entail comparing Michigan law and procedure against those of other states allowing indigents relatively greater access to discovery on appeal.
Topic Available
Ms. Odette J. Wilkens Animal Enterprise Terrorism Act
Equal Justice Alliance

Forest Hills, NY 		How are First Amendment rights affected by anti-terrorism legislation such as the Animal Enterprise Terrorism Act, and what laws obviate the need for such a law? This recently enacted anti-terrorism law could chill the free speech civil rights of American citizens who would advocate for labor, civil rights, the environment, as well as animals. It could potentially prosecute any American citizen trying to exercise their free speech rights even if they cause no harm or damage, or if they cause any corporate profit loss.
Topic Available
Ms. Cassandra Stubbs How have different states implemented Atkins v. Virginia, which prohibited execution of capital defendants who are mentally retarded?
ACLU Capital Punishment Project

Durham, NC 		We are seeking information about how different states have implemented the Supreme Court's decision in Atkins v. Virginia, which prohibited execution of capital defendants who are mentally retarded. An LA Times story by David Savage on June 11, 2007, "IQ Debate Unsettled In Death Penalty Cases" is a good overview of some of the differences. We are looking for information and analysis about differences in the definitions of mental retardation used by the states and the procedures used to determine mental retardation.
Topic Available
What federal, state, and local laws, regulations, department orders, and administrative procedures, if any, give parents or guardians a right to an interpreter in juvenile court hearings?
Asian Law Caucus
Asian Pacific Islander youth caught in the juvenile justice system come from predominantly low-income, limited English proficient immigrant families. Language and cultural barriers prevent families from effectively advocating for and participating in the rehabilitation of their children in the juvenile system. What federal, state, and local laws, regulations, department orders, and administrative procedures, if any, give parents or guardians a right to an interpreter in juvenile court hearings in San Francisco, California? Do parents have any rights to interpreters in meetings with probation officers? Can the Department of Justice audit a juvenile hall for not providing adequate interpretation
Topic Available
Mr. Robert C. Boruchowitz How do states approach, and what remedies are available for, the common practice of shackling juveniles in court?
Seattle University School of Law

Seattle, WA 		It is common practice in many parts of the country for juveniles to be shackled when in court, even though case law requires an individual determination of dangerousness or risk of flight. This project would survey at least ten states to discover current practices and the role of public defenders in addressing the issue. In particular, students would analyze case law, review motions and briefs, and identify strategies for addressing the issue. Students would be expected to include a section of their paper on what defenders can do, including broader legislative/political initiatives, to prevent the shackling of juvenile clients.
Topic Available