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Of What Consequence?: Sexual Offender Laws And Federal Habeas Relief, Katherine A. Mitchell
Of What Consequence?: Sexual Offender Laws And Federal Habeas Relief, Katherine A. Mitchell
University of Miami Law Review
New concerns for an old writ. The relatively recent advent of sex offender registries has led to consequences in the habeas corpus context—and they may be more than collateral. In particular, are the restraints imposed on registered sex offenders severe enough to constitute custody for habeas jurisdiction? With a recent split among the federal circuit courts, this Article attempts to decipher which side of the split the Supreme Court will—and should—fall.
Lamps Plus, Inc. V. Varela: Dark Times Ahead For Class Arbitrations, Joanna Niworowski
Lamps Plus, Inc. V. Varela: Dark Times Ahead For Class Arbitrations, Joanna Niworowski
University of Miami Law Review
The Federal Arbitration Act (“FAA”) was enacted in 1925 to combat judicial hostility towards arbitration. Over the years, the U.S. Supreme Court has interpreted this statute as evidencing a pro-arbitration policy and has upheld the use of arbitration clauses in a variety of contracts. Unfortunately, while the FAA was able to overcome the hostility towards arbitration, it was not able to stop the Court from finding a new target: class arbitrations.
This Comment analyzes the Supreme Court’s recent decision in Lamps Plus, Inc. v. Varela. In critiquing the Court’s continued erosion of the availability of class arbitrations, this Comment considers …
Why Justice Kavanaugh Should Continue Justice Kennedy’S Death Penalty Legacy—Next Step: Expanding Juvenile Death Penalty Ban, Alli Katzen
University of Miami Law Review
As science and society both progress, Supreme Court rulings should reflect those changes. The national consensus has been gradually moving away from the use of the death penalty, particularly as applied to offenders between the ages of eighteen and twenty-five. Research clarifies that the brain is not fully developed in the areas most directly linked to culpability until after this age range. The combination of these factors should compel the Court to raise the minimum age for death sentences, but the shifting bench presents unpredictability