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Full-Text Articles in Law
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
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
University of Miami Law Review
The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question—one of recognized significance for contemporary debates about the proper scope of habeas review. This Article provides a new answer. It argues that, until the enactment of Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), it was broadly accepted that state prisoners were entitled to plenary federal review of the legal and mixed law/fact questions decided against them by state courts. Until 1916, such review was provided by the Supreme Court; after 1953, …
The War Against Ourselves: Heien V. North Carolina, The War On Drugs, And Police Militarization, Mallory Meads
The War Against Ourselves: Heien V. North Carolina, The War On Drugs, And Police Militarization, Mallory Meads
University of Miami Law Review
Approximately fifty years ago, America declared a war against itself—the “War on Drugs.” Since then, our local and state police, armed with military weapons and federal funding, have fought tirelessly against “public enemy number one”—drugs. Not surprisingly, this war has created an atmosphere where it is now common to see police officers equipped with a mentality and armor that had previously only been seen in the dark-trenches of an international war zone. Worse yet, this battlefield mentality has leaked into almost every area of police-civilian encounters.
As a “loyal foot solider” in the Executive’s War on Drugs, however, the Supreme …