Law Commons^™

And The Ban Plays On . . . For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg

Matthew E Feinberg

The gay marriage ban: it is one of the most controversial issues in politics, in society, in religion, and in law today. In each venue, anything goes, everyone has an opinion, and the result is rarely consistent. The decisions may be different, but the claimants’ arguments are usually the same – banning same-sex marriage denies same-sex couples equal protection under the law.

The pink elephant in the marriage equality courtroom is religion, yet it is extremely rare for same-sex marriage bans to receive First Amendment religious rights-based inquiry. In 2009, the Supreme Court of Iowa changed all that. In its …

The Whim Of Twelve Is Cloaked In Racial Prejudice: Why Inherent Racial Discrimination In The Capital Punishment System Requires That Maryland's Legislature Enact A Fairness In Death Sentencing Act, Matthew E. Feinberg

Matthew E Feinberg

At sentencing in a capital case, “[p]eople live or die, dependent on the whim of one man or of [twelve,]” and “where responsibility is divided by twelve, it is easy to say: ‘Away with him.’" Although judges, practitioners, and academics hope for a fair and reliable penalty, since the 1970s, the prospect of racial discrimination in capital punishment has had a very real impact on the criminal justice system. Throughout the country, Caucasian and African American criminals are being treated differently in death sentencing simply because of the color of their skin. “[I]n the face of science, in the face …

The Crime, The Case, The Killer Cocktail: Why Maryland's Capital Punishment Procedure Constitutes Cruel And Unusual Punishment, Matthew E. Feinberg

Matthew E Feinberg

Recent challenges to the death penalty argue that the anesthetic used in a majority of executions can wear off prior to death. Eye-witness accounts provide evidence that often, executions have not been completed painlessly, even when procedures are presumably completed in conformance with protocol. The lack of experience and training of Maryland's execution team produces a risk of botched executions. Finally, the drug cocktail is so powerful that it has been banned for use on animals due to the intense pain it inflicts. Each of these four concerns present a significant risk of excruciating pain for the inmate. The culmination …