Twitter Takedown
High school student Emma Sullivan’s tweet criticizing Governor Brownback is more akin to protected speech cases than those that allow schools to suppress student speech.
Dec 2
Killing those who don’t kill: Felony Murder and the Death Penalty
Of the thirty-five states which currently have the death penalty, twenty-one of them have laws allowing prosecutors to seek death in cases where the accused was a “non-triggerman” or didn’t actually kill anyone but was part of the underlying felony in which someone was killed. Supporters argue that in theory this will deter people from acting in groups when committing dangerous felonies, which in turn will reduce the number of felonies committed. However, in actual application, the injustice of such laws is glaringly apparent.
Commemorating World Aids Day
Today is World Aids Day, a day to commemorate the worldwide fight against the AIDS virus and bring attention to methods to reduce the new infections and illnesses due to the virus. In order to make the next generation the first “AIDS-free generation,” further resources are needed to provide more treatments and increase prevention strategies.
Indecency and the FCC: It’s time to ditch Pacifica
The question today is whether indecency regulation makes sense at all on a media landscape dotted by online and streaming entertainment options.
D.L. v. DCPS and Private versus Public Enforcement of IDEA
In a recent article, Eloise Pasachoff argues convincingly that private enforcement of the Individuals with Disabilites Education Act (IDEA) benefits families with resources more than low-income families. But a class of predominantly low-income children recently prevailed in an IDEA lawsuit against the city’s school district. Perhaps class actions like this one are more effective in districts with a large proportion of low-income students?
Nov 30
SB 1867: when the war comes home
The buzz around the National Defense Authorization Act of 2012, SB 1867, has been growing for months now. Rumors that I personally heard as early as July, said the bill would allow the military to capture and detain without trial U.S. citizens on U.S. soil.
The Pitfalls of Direct Democracy
Some states have mechanisms in which the electorate takes on the role of the legislature, passing laws or amending the state’s constitution with a simple majority vote. California’s voter initiative system was cited by former California Supreme Court Chief Justice Ronald M. George as the reason for our state government being “dysfunctional.” The freedom to choose also involves the freedom to choose poorly. But does that mean it should?
Georgia Death Penalty Law Upheld by 11th Circuit
The Eleventh Circuit recently upheld Georgia’s statute prohibiting the execution of defendants with developmental disabilities, even though it requires defendants to prove they are disabled beyond a reasonable doubt – a higher threshold than any other state. The majority noted that, while the Supreme Court has ruled unconstitutional the execution of those with developmental disabilities, it left the door open for states to decide how to implement that principle.The dissenting judge argued that the reasonable doubt standard will be nearly impossible to meet for those with mild developmental disabilities, because the diagnosis involves subjective assessments of the defendant’s behavior. The majority notes these concerns, but it emphasizes that a federal statute limits the court’s standard of review. The AEDPA says that, in habeas cases, a federal court should only overturn a state court’s decision if it contradicts clearly established law.
Unlike most other constitutional rights, the Eighth Amendment right to be free from “cruel and unusual punishments” is not based on historic rights or common law, but on evolving standards of decency in criminal justice. When the Court uses this analysis to recognize a new constitutional right under the Eighth Amendment, there likely will not be a history of courts interpreting it. These rights are, by their nature, always evolving. By limiting review of a state court’s Eighth Amendment decisions, the AEDPA makes it harder for federal courts to vindicate Eighth Amendment rights.
Nov 28
The Imperatives of Forging a Unified and Cohesive Domestic Opposition in Syria
An integrated and cohesive challenge to the legitimacy of al-Assad’s regime may be the key to lawful international intervention in Syria.
Occupy the Docket
The Occupy movements – both inside and outside the United States – increasingly involve litigation.
