Rachel Barkow
@rachelbarkow.bsky.social
NYU law professor and faculty director of the Zimroth Center on the Administration of Criminal Law. Author of Prisoners of Politics (2019) and Justice Abandoned (2025).
Reposted by Rachel Barkow
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...
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...
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...
here:
bookshop.org/p/books/just...
Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration
How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration
bookshop.org
November 22, 2025 at 11:56 PM
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...
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...
Reposted by Rachel Barkow
what a humiliating way for don jr. to find out his dad sends birthday cards.
September 8, 2025 at 9:21 PM
what a humiliating way for don jr. to find out his dad sends birthday cards.
Reposted by Rachel Barkow
"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:
Today on Substack from @rachelbarkow.bsky.social:
Trump’s Fake Fight on Crime
Deploying the National Guard is about many things, but it is not about fighting crime
staytuned.substack.com
September 8, 2025 at 4:30 PM
"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:
Today on Substack from @rachelbarkow.bsky.social:
Reposted by Rachel Barkow
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.🧵
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.🧵
<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
papers.ssrn.com
August 16, 2025 at 11:39 AM
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.🧵
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.🧵
Reposted by Rachel Barkow
www.cato.org/blog/price-p...
My review of a book all law students, criminal law practitioners, and jurists should read.
My review of a book all law students, criminal law practitioners, and jurists should read.
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
August 12, 2025 at 12:51 AM
www.cato.org/blog/price-p...
My review of a book all law students, criminal law practitioners, and jurists should read.
My review of a book all law students, criminal law practitioners, and jurists should read.
Reposted by Rachel Barkow
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
@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
July 24, 2025 at 1:59 PM
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
@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
Reposted by Rachel Barkow
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.
July 27, 2025 at 3:44 PM
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.
Reposted by Rachel Barkow
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...
Read more: jlusa.org/2025/07/02...
July 2, 2025 at 1:05 PM
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...
Read more: jlusa.org/2025/07/02...
Reposted by Rachel Barkow
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
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.
bit.ly
July 22, 2025 at 8:00 PM
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
Reposted by Rachel Barkow
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
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.
bit.ly
July 22, 2025 at 5:41 PM
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
Reposted by Rachel Barkow
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...
here:
bookshop.org/p/books/just...
Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration
How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration
bookshop.org
July 21, 2025 at 2:53 PM
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...
here:
bookshop.org/p/books/just...
Reposted by Rachel Barkow
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...
Then Rachel Barkow @rachelbarkow.bsky.social joins to talk about her new book Justice Abandoned
crooked.com/podcast/scot...
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
media.tenor.com
July 21, 2025 at 2:52 PM
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...
Then Rachel Barkow @rachelbarkow.bsky.social joins to talk about her new book Justice Abandoned
crooked.com/podcast/scot...
Reposted by Rachel Barkow
Very glad he's leaving us one more book: www.cambridge.org/core/books/c...
July 15, 2025 at 2:48 PM
Very glad he's leaving us one more book: www.cambridge.org/core/books/c...
Reposted by Rachel Barkow
Oh dear. RIP to one of the great ones, as a scholar and as a person.
RIP Dick Fallon. A devastating loss professionally and personally.
July 14, 2025 at 5:16 PM
Oh dear. RIP to one of the great ones, as a scholar and as a person.
Reposted by Rachel Barkow
Very saddened to learn that Professor Fallon passed away yesterday. He was a towering legal mind as well as a patient and generous teacher who left his mark on generations of law students.
Dick Fallon was a brilliant scholar, inspirational teacher, and all-around wonderful human being. I owe my career to him. He was the best mentor, and I will miss him. I'm glad I had a chance to tell him how much he meant to me before he passed, but the pain is still searing. RIP to a beautiful soul.
July 14, 2025 at 8:02 PM
Very saddened to learn that Professor Fallon passed away yesterday. He was a towering legal mind as well as a patient and generous teacher who left his mark on generations of law students.
Reposted by Rachel Barkow
Very sorry to hear of his passing. Professor Fallon was such a mensch to his students that it was easy to
forget he was a giant.
forget he was a giant.
Dick Fallon was a brilliant scholar, inspirational teacher, and all-around wonderful human being. I owe my career to him. He was the best mentor, and I will miss him. I'm glad I had a chance to tell him how much he meant to me before he passed, but the pain is still searing. RIP to a beautiful soul.
July 14, 2025 at 7:47 PM
Very sorry to hear of his passing. Professor Fallon was such a mensch to his students that it was easy to
forget he was a giant.
forget he was a giant.
Dick Fallon was a brilliant scholar, inspirational teacher, and all-around wonderful human being. I owe my career to him. He was the best mentor, and I will miss him. I'm glad I had a chance to tell him how much he meant to me before he passed, but the pain is still searing. RIP to a beautiful soul.
July 14, 2025 at 5:26 PM
Dick Fallon was a brilliant scholar, inspirational teacher, and all-around wonderful human being. I owe my career to him. He was the best mentor, and I will miss him. I'm glad I had a chance to tell him how much he meant to me before he passed, but the pain is still searing. RIP to a beautiful soul.
Governors, Use Your Clemency Powers www.nytimes.com/2025/07/11/o...
Opinion | Governors, Use Your Clemency Powers
www.nytimes.com
July 11, 2025 at 11:16 AM
Governors, Use Your Clemency Powers www.nytimes.com/2025/07/11/o...
Good morning, NYC!!!!
June 25, 2025 at 10:03 AM
Good morning, NYC!!!!
Reposted by Rachel Barkow
ICYMI: 'Rachel Barkow on the Rise of Militarized Policing in America' conversation w/Warren Olney (w/link to YT video) @rachelbarkow.bsky.social www.jewsunitedfordemocracy.org/blog/authori...
Authoritarian Drift: Rachel Barkow on the Rise of Militarized Policing in America - Jews United for Democracy and Justice
JUDJ-Prepared Summary from June 12, 2025 | Justice Abandoned: What Happens When the Supreme Court, the Constitution and the Rule of Law Are Ignored? The views and opinions expressed in this blog are t...
www.jewsunitedfordemocracy.org
June 25, 2025 at 8:46 AM
ICYMI: 'Rachel Barkow on the Rise of Militarized Policing in America' conversation w/Warren Olney (w/link to YT video) @rachelbarkow.bsky.social www.jewsunitedfordemocracy.org/blog/authori...
Reposted by Rachel Barkow
The U.S. imprisons a larger percentage of its population than any other country. How did we get here? @rachelbarkow.bsky.social rejoins the podcast with host Matt Adams to discuss the financial, societal and practical costs of rising incarceration trends. Listen now: bit.ly/4loSJXO
June 24, 2025 at 3:57 PM
The U.S. imprisons a larger percentage of its population than any other country. How did we get here? @rachelbarkow.bsky.social rejoins the podcast with host Matt Adams to discuss the financial, societal and practical costs of rising incarceration trends. Listen now: bit.ly/4loSJXO
Reposted by Rachel Barkow
damn -- Duckworth to Hegseth: "If you want to be the DHS secretary, maybe you can apply for that job when you're fired from this one due to your incompetence."
June 18, 2025 at 3:47 PM
damn -- Duckworth to Hegseth: "If you want to be the DHS secretary, maybe you can apply for that job when you're fired from this one due to your incompetence."
Does the ICE Deputy Field Director look for people to detain by following his nose? It always knows.
In a lengthy exchange, with ICE Deputy Field Director Bill Joyce, Reps Nadler and Goldman are denied the ability to visit the 10th floor. Joyce says it's not a detention facility it's just a place ppl are housed for several days w/out beds.
June 18, 2025 at 4:30 PM
Does the ICE Deputy Field Director look for people to detain by following his nose? It always knows.