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Posts by Rachel Barkow

I would be honored!

1 week ago 1 0 0 0

He’s awesome even when he can’t make a basket. And I knew we were going to get that “waiting for Cadeau” reference

2 weeks ago 3 0 1 0

Here's my write up & analysis for SLRI's newsletter. This could -- and should -- be a seismic shift in judicial review of extreme punishments slri.substack.com/p/special-ed... bsky.app/profile/kyle...

3 weeks ago 11 5 0 0
Political Victims: How the Politics of Victims’ Rights Comes Up Short <p>Although America’s victims’ rights movement has achieved enhanced punishments and important rights for victims in criminal cases, it has accomplished little

Victims support matters. Funding that support through #finesandfees is failed policy.

Excellent new essay from @rachelbarkow.bsky.social unpacks how '80s ideologies—defined by racist stereotypes and states' consistent push to minimize their responsibility—have failed everyone. Especially victims.

1 month ago 2 1 0 0

Thank you!

1 month ago 2 0 0 0
Political Victims: How the Politics of Victims’ Rights Comes Up Short <p>Although America’s victims’ rights movement has achieved enhanced punishments and important rights for victims in criminal cases, it has accomplished little

I posted a new draft on the politics around crime victims and how states come up short in addressing victims' needs. You can read it here: papers.ssrn.com/sol3/papers....

1 month ago 97 37 5 0

Please clap

2 months ago 17 2 0 0
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a cartoon of a man talking to another man with the words i move for a bad court thingy ALT: a cartoon of a man talking to another man with the words i move for a bad court thingy
2 months ago 9 0 0 0

I didn't think anything could be more cowardly or empty than when she has expressed her "concern" but "urging a pause" definitely takes over. Maine, how can you keep this person in office? Can't you urge her to take a pause for six years in the next election?

2 months ago 13 1 1 0
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The Supreme Court’s Failure to Stop the Politics of Mass Incarceration - Criminal Law Rachel Barkow, Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration (2025).Darryl BrownThe United States imprisons about 1.8 million people—more than any ot...

Grateful to Darryl Brown of @uvalaw.bsky.social for reviewing my book, Justice Abandoned, in Jotwell. You can read the review here: crim.jotwell.com/the-supreme-...

2 months ago 8 3 0 0
Alex Pretti’s Sig handgun has history of accidentally firing — offering possible clue to why Border agent shot him

Alex Pretti’s Sig handgun has history of accidentally firing — offering possible clue to why Border agent shot him

From the NY Post. You know they are really scrambling when they are running "The gun was no angel" stories.

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Minneapolis Police Chief Brian O'Hara: "People have had enough. This is the third shooting in less than 3 weeks. The MPD went the entire year last year recovering about 900 guns from the street, arresting hundreds of violent offenders, and we didn't shoot anyone ... this is not sustainable."

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I’m sorry I had to head back to NYC tonight — missing seeing so many wonderful folks and this suit!

3 months ago 2 0 1 0

Thank you!

5 months ago 1 0 0 0

Prof. @rachelbarkow.bsky.social's book should be required reading for *state* justices, specifically.

Why should state supreme courts blindly follow deeply-flawed rulings responsible for widespread atrocities when they have their own, independent *state* constitutions?? bsky.app/profile/stri...

5 months ago 23 10 1 0

what a humiliating way for don jr. to find out his dad sends birthday cards.

7 months ago 53942 9358 961 542
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Trump’s Fake Fight on Crime Deploying the National Guard is about many things, but it is not about fighting crime

"Deploying the National Guard is about many things, but it is not about fighting crime. If Trump were serious about that, he would deploy different federal resources, and none of them would involve people in military uniforms."

Today on Substack from @rachelbarkow.bsky.social:

7 months ago 8 2 0 0
<i>Brady</i><span>'s Shadow</span> <p><i>Scholars have spent sixty years documenting </i>Brady v. Maryland’<i>s failures—its materiality standard that licenses suppression of exculpatory evidence

New paper alert!

My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers....

Still a work in progress—would love your thoughts.

It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵

8 months ago 20 6 1 4
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The Price of Pragmatism: How the Court’s Retreat from the Constitution Fueled Mass Incarceration A crucial flaw, Barkow observes, is that true originalist judges wouldn’t predetermine a conclusion and then contrive doctrines that erode constitutional safeguards to achieve their desired outcome.

www.cato.org/blog/price-p...

My review of a book all law students, criminal law practitioners, and jurists should read.

8 months ago 9 6 2 0

Thank you!

8 months ago 2 0 0 0
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In this week's 1-on-1, NYU law professor
@rachelbarkow.bsky.social joins Harry to expose how the Supreme Court quietly enabled mass incarceration—from pretrial detention to stop-and-frisk—and lays out the constitutional case for undoing it. Link: bit.ly/BarkowTF

8 months ago 57 18 6 1

Thank you!

8 months ago 2 0 0 0

Wow. Amazing interview on @strictscrutiny.bsky.social this week with Prof. @rachelbarkow.bsky.social about her book Justice Abandoned. I’m very familiar (from tutoring) with the embedded crim law principles (pre-trial detention, coercive plea bargaining, Terry stops) and had totally normalized them.

8 months ago 10 3 2 0
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In #JusticeAbandoned, @nyulaw.bsky.social professor Rachel Elise Barkow indicts the #SupremeCourt for key decisions that “enabled #massincarceration by compromising constitutional principles to accommodate politicians, prosecutors, and police officers ...” #SCOTUS

Read more: jlusa.org/2025/07/02...

9 months ago 2 1 0 0
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Podcast: Brennan Center LIVE Brennan Center LIVE is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, criminal justice, and the Constitution.

Can originalism and mass incarceration coexist? In Justice Abandoned, Rachel Barkow says no, and in this episode, she joins Preet Bharara and Hernandez Stroud to explain why. Listen to what these experts have to say: bit.ly/49ExMSe

9 months ago 13 6 0 0
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Podcast: Brennan Center LIVE Brennan Center LIVE is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, criminal justice, and the Constitution.

Mass Incarceration didn’t just happen — the Supreme Court helped pave the way. Rachel Barkow and Preet Bharara break down six key cases in this new Brennan Center Live episode. Listen now: bit.ly/49ExMSe

9 months ago 141 55 0 2
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Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

You can get Prof. Barkow's book Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration
here:
bookshop.org/p/books/just...

9 months ago 17 4 2 1
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a man in a wheelchair with his mouth open says i want soup Alt: a man in a wheelchair with his mouth open says i want soup

NEW: Kate & Melissa talk about SCOTUS enabling the destruction of government; firing Maurene Comey (federal prosecutor in the Epstein case); & Emil Bove.

Then Rachel Barkow @rachelbarkow.bsky.social joins to talk about her new book Justice Abandoned

crooked.com/podcast/scot...

9 months ago 45 9 4 2

Very glad he's leaving us one more book: www.cambridge.org/core/books/c...

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