Journal of Legal Education
Criminal procedure is changing fast these days, but teachers of criminal procedure are not. Most of us have probably given considerable thought to the philosophical and doctrinal significance of the Supreme Court's increasingly conservative approach to constitutional issues, but have we thought about the broader pedagogic and professional implications of this major doctrinal shift? For me. the current conservative trend raises fundamental questions about the kinds of issues we should be addressing in our teaching, research, and public service activities. In particular. we need to start asking ourselves whether our traditional heavy emphasis on constitutional issues (which has been going on since before most of us went to law school) is still appropriate. The answer is no, I believe, at least in the present conservative age, and perhaps in any age.
Richard Frase, Criminal Procedure in a Conservative Age: A Time to Rediscover the Critical Nonconstitutional Issues, 36 J. Legal Educ. 79 (1986), available at https://scholarship.law.umn.edu/faculty_articles/457.