Document Type
Article
Publication Title
Yale Law Journal Forum
Abstract
As part of the symposium to reflect on Justice Sotomayor’s first five years on the Supreme Court, this Essay explores Justice Sotomayor’s contributions to the Court’s criminal law jurisprudence. Professor Rachel Barkow argues that Justice Sotomayor’s prior experience working on criminal law cases as a prosecutor and trial judge have influenced her Supreme Court opinions, which focus on how things actually work in practice, pay close attention to the specific facts of cases, and show sensitivity to the need for checks on government power. These commitments often lead Justice Sotomayor to reject formal rules that would promote predictability at the expense of accurately reflecting the world in which the rules must operate.
First Page
409
Volume
123
Publication Date
3-24-2014
Recommended Citation
Rachel E. Barkow,
Justice Sotomayor and Criminal Justice in the Real World,
123
Yale Law Journal Forum
409
(2014).
Available at:
https://gretchen.law.nyu.edu/fac-articles/1323
