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Courts, Culture, And The Lethal Injection Stalemate, Eric Berger
Courts, Culture, And The Lethal Injection Stalemate, Eric Berger
William & Mary Law Review
The Supreme Court’s 2019 decision in Bucklew v. Precythe reiterated the Court’s great deference to states in Eighth Amendment lethal injection cases. The takeaway is that when it comes to execution protocols, states can do what they want. Events on the ground tell a very different story. Notwithstanding courts’ deference, executions have ground to a halt in numerous states, often due to lethal injection problems. State officials and the Court’s conservative Justices have blamed this development on “anti-death penalty activists” waging “guerilla war” on capital punishment. In reality, though, a variety of mostly uncoordinated actors motivated by a range of …
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman
William & Mary Law Review
On November 27, 1978, Harvey Milk, the first openly gay elected official in California’s history, was murdered. He was shot five times, twice in the head. His murderer, Dan White, was convicted of voluntary manslaughter and served only five years in prison.
The Dan White trial is the most famous example of queer juror exclusion in American history. While White’s defense attorney, Douglas Schmidt, could not directly ask the jurors about their sexual orientation, he had another strategy: find the gays and allies and keep them out, and find the Catholics and keep them in. Schmidt struck a woman who …
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
Lessons From Ferguson On Individual Defense Representation As A Tool Of Systemic Reform, Beth A. Colgan
William & Mary Law Review
This Article investigates the relationship between the decisions by lawmakers to use municipal and criminal systems to generate revenue and the lack of access to individual defense representation by using the Ferguson, Missouri, municipal court as a case study. The Article chronicles the myriad constitutional rights that were violated on a systemic basis in Ferguson’s municipal court and how those violations made the city’s reliance on the court for revenue generation possible. The Article also documents how the introduction of individual defense representation, even on a piecemeal basis, played a role in altering Ferguson’s system of governance. Using this case …
The Future Of Parity, Michael E. Solimine
The Future Of Parity, Michael E. Solimine
William & Mary Law Review
No abstract provided.
An Inquiry Into The Association Between Respondents' Personal Characteristics And Juvenile Court Dispositions, Charles W. Thomas, W. Anthony Fitch
An Inquiry Into The Association Between Respondents' Personal Characteristics And Juvenile Court Dispositions, Charles W. Thomas, W. Anthony Fitch
William & Mary Law Review
No abstract provided.
Judicial Administration: The Williamsburg Consensus - Some Errors And Omissions, James G. France
Judicial Administration: The Williamsburg Consensus - Some Errors And Omissions, James G. France
William & Mary Law Review
No abstract provided.
Book Review Of The Warren Court, William F. Swindler
Book Review Of The Warren Court, William F. Swindler
William & Mary Law Review
No abstract provided.