Faculty and Administration Profiles

Alan Raphael

About

Professor Raphael has taught at the law school since 1983. His current classes are constitutional law, Criminal Procedure: adjudication, and Criminal procedure: investigation. In the Fall of 2023, he will be adding a new course, a seminar on Race and Criminal Justice. He has previously taught course in a wide variety of areas, including sales, business associations, international human rights, law and international terrorism, first amendment law, comparative law, and seminars in the law of the First and Sixth Amendments. His writing is concentrated on issues of race, first amendment law, and criminal procedure.

Before becoming an attorney, he taught on the college and high school levels, and worked for three years in an organization advocating for prisoners and ex-prisoners. As an attorney, he worked in a large civil litigation firm, clerked for the Chief Judge of the United States Court of Appeals for the Seventh Circuit, and has provided pro bono representation to about forty clients challenging their convictions for murder or other serious criminal offenses; in that capacity, he argued cases before the state and federal appellate courts and the Illinois Supreme Court. Professor Raphael served a four year term as an elected trustee of the Village of Oak Park and in appointed positions in that community as Chair of the Board of Health and member of the Zoning Board of Appeals.

Raphael received his B.A. from Haverford College (1966), a Master's and Ph.D. degrees from the University of Chicago (1968 and 1972 (History)), and a J.D> degree from Indiana Univeristy (Indianapolis 1979). He has been admitted to the bars of the states of Indiana and Illinois and to the trial level and appellate federal courts in Illinois.

Degrees

BA, Haverford, 1966
MA, University of Chicago, 1968
PhD (History), University of Chicago, 1972
JD, Indiana University, 1979

Program Areas

Constitutional Law
Criminal Procedure: Adjudication
Criminal Procedure: Investigation

Professional & Community Affiliations

Originator and Initial Director, Martin Luther King Lecture Series
Chair, Budget and Finance, University Policy Committee (to 2009)
Member, Committee on Academic Review Programs

Courses Taught

Constitutional Law
Criminal Procedure: Adjudication
Criminal Procedure: Investigation

Selected Publications

Professor Raphael is a contributing editor and frequent writer for the ABA publication, PREVIEW of United States Supreme Court Cases. The articles are concerned with soon-to-be-argued cases before the Supreme Court in the areas of criminal procedure, first amendment law, and criminal law.

Professor Alan Raphael's SSRN Website

Books

Criminal Procedure: From Bail to Jail (Tower Publications, 2012)

Criminal Procedure: From Bail to Jail (Self-Published, 2003, 2005)

Criminal Procedure (Lupus Publications, 1993, 1995, 1997, 1999)

Law Review Articles

Confrontation Clause and Testimonial Evidence: After Two Supreme Court Decisions, Standard Remains Unclear, 11 Loyola (Chicago) Public Interest Law Reporter 901 (Winter, 2006)

Affirmative Action and Admissions at a Jesuit Law School, 36 Loyola University Chicago Law Journal 579 (Winter, 2005)

Implications of the September 11 Attacks for Criminal Law and Procedure and for International Law, IX The Forum of International Law 5 (2001)

The Current Scope of the Public Safety Exception to Miranda Under New York v. Quarles, 2 New York City Law Review 63 (1998)

Articles

Is an Arrest Based on Probable Cause Invalid Under the Fourth Amendment if State Law Forbids the Arrest?, Preview of United States Supreme Court Cases No. 4 (2007)

Did the Louisiana Supreme Court Properly Analyze the State's Use of Peremptory Challenges under Miller-El v. Dretke?, 35 Preview United States Supreme Court Cases No. 3 at p. 103 (2007)

Did the Trial Court in This Capital Murder Case Improperly Strike a Potential Juror?, 2006-07 Preview of United States Supreme Court Cases No. 7 at p. 336

Does Crawford V. Washington Apply Retroactively to Convictions in Other Cases?, 2006-07 Preview of United States Court Cases No. 2 at p. 69

Bolstering the Confrontation Clause and Threatening the Exclusionary Rule, Preview of United States Supreme Court Cases, July 31, 2006

When Can a Witness's Statements be Admitted into Evidence without the Witness First Taking the Stand?, 2005-06 Preview of U.S. Sup. Ct. Cases (No. 6) at p.292

May a State Deny a Murder Defendant the Opportunity to Introduce Evidence that Another Person Was the Killer?, 2005-06 Preview of United States Supreme Court Cases No. 5 at p. 236

Can an Incriminating Statement be Admissible if the Police Earlier Questioned the Defendant Improperly?, 2005-06 Preview United States Supreme Court Cases No. 2 at p. 61

Affirmative Action and Admissions at a Jesuit Law School, 36 Loy.U.Chi. L.J. 579 (2005) [article]

What is the Burden of Proof for Showing a Prima Facie Case of Race or Sex Discrimination under Batson?, 2004-05 Preview of United States Supreme Court Cases No. 7 at p. 384

Must States Provide Counsel to Everyone Who Wants to Appeal His or Her Criminal Conviction?, 2004-05 Preview of United States Supreme Court Cases No. 7 at p. 390

Did the Appellate Court Err in Affirming the District Court's Denial of a Claim of Racial Discrimination in Jury Selection? 2004-05 Preview of United States Supreme Court Cases No. 3 (ABA), 141

Do Attorneys Seeking Court Appointments Have Standing to Challenge a Statute Denying Indigents Counsel on Appeal?, 2004-05 Preview of United States Supreme Court Cases No. 1 at p. 23

The Decisions Regarding Alleged Enemy Combatants Leave Many Questions Unanswered, 2003-04 Preview of United States Supreme Court Cases No. 8 at p. 499

What Must an Objector Prove in Order to Establish a Prima Facie Case under Batson v. Kentucky?, 2003-04 Preview of United States Supreme Court Cases No. 6 at p. 312

Does a Failure to Give Miranda Warnings Require Suppression of Physical Evidence Derived from Statements Given to Police?, 2003-04 Preview of United States Supreme Court Cases No. 3 at p. 125

When Can Police Search a Car After making an Arrest?, 2003-04 Preview of United States Supreme Court Cases No. 2 at p. 52

Is a Custodial Statement by a Potential Accomplice Who Will Not Testify at Trial Admissible Under the Confrontation Clause?, 2003-04 Preview of United States Supreme Court Cases No. 2 at p. 72

Criminal Procedure: Major Decision of the 2003 Term, 2002-03 Preview of United States Supreme Court Cases No. 8 at p. 484

Once the Judge Says the State Has not Proven its Case, Does Double Jeopardy Bar a Conviction?, 2002-03 Preview of United States Supreme Court Cases No. 7 at p. 400

Can a Defendant Whose Conviction and Life Sentence was Reversed on Appeal be Sentenced to Death at his Retrial?, 2002-03 Preview of United States Supreme Court Cases No. 2 at p. 64

What is the Appellate Standard of Review for Claims of Racial Discrimination in Jury Selection?, 2002-03 Preview of United States Supreme Court Cases No. 1 at p. 8

Criminal Procedure: From the Right to an Attorney to the Right to a Jury, 2001-02 Preview of United States Supreme Court Cases No. 8 at p. 424

Can a Plea Bargain Force a Defendant to Waive Her Right to Exculpatory Evidence?, 2001-02 Preview of United States Supreme Court Cases No. 7 at p. 395

Does a Misdemeanor Conviction Leading to a Suspended Jail Sentence Require Appointment of Counsel?, 2001-02 Preview of United States Supreme Court Cases No. 5 at p. 249

Does a Misdemeanor Conviction Leading to a Suspended Jail Sentence Require Appointment of Counsel?, 2001-02 Preview of United States Supreme Court Cases No. 2 at p. 70

Does a Lawyer's Conflict of Interest Matter only if it Adversely Affects his Client's Criminal Defense?, 2001-02 Preview of United States Supreme Court Cases No. 2 at p. 111

Can a Police Officer Be Liable for Using Unreasonable Force If He Reasonably but Mistakenly Believed the Force Was Justified?, 2000-01 Preview of United States Supreme Court Cases No. 6 at p. 312

Can Police Question a Defendant About Additional Crimes Without First Notifying His Attorney?, 2000-01 Preview of United States Supreme Court Cases No. 3 at p. 128

Can a Seat Belt Violation Subject a Driver to a Full Custodial Arrest?, 2000-01 Preview of United States Supreme Court Cases No. 3 at p. 136

Clarifying the Rules: Sentencing, Miranda and Search and Seizure, 1999-2000 Preview of United States Supreme Court Cases No. 8 at p. 438

Are Miranda Warnings Necessary for the Admission of Confessions Obtained During Custodial Interrogation?, 1999-2000 Preview of United States Supreme Court Cases No. 7 at p. 366

Does Squeezing a Bus Passenger's Luggage a "Search?," 1999-2000 Preview of United States Supreme Court Cases No. 5 at p. 232

Fourth Amendment Protection of Homes, Personal Property Diminished by Recent Decisions, 4 Public Interest Law Reporter 11 (Fall, 1999)

What Happens When a Federal Trial Judge Erroneously Denies a Criminal Defendant's Challenge for Cause?, 1999-2000 Preview of United States Supreme Court Cases No. 3 at p. 127

Do Defendants Have a Constitutional Right to Represent Themselves on Appeal?, 1999-2000 Preview of United States Supreme Court Cases No. 2 at p. 67

Does California Procedure Provide Adequate Assistance to Indigent Convicted Criminals Seeking to Appeal?, 1999-2000 Preview of United States Supreme Court Cases No. 1 at p. 19

Can a Jury Be Allowed to Find That a Police Office Used Excessive Force but That This Force was Objectively Reasonable?, 1998-99 Preview of United States Supreme Court Cases No. 7 at p. 409

What is the Extent of the State's Duty to Disclose Evidence Favorable to a Defendant?, 1998-99 Preview of United States Supreme Court Cases No. 5 at p. 259

Is Chicago Gang Loitering Ordinance Constitutional?, 1998-99 Preview of United States Supreme Court Cases No. 3 at p. 123

Does the Fouth Amendment Prohibit a Full Search of an Individual and His Car When He has been Given a Citation for a Traffic Violation?, 1998-99 Preview of United States Supreme Court Cases No. 2 at p. 92