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Full-Text Articles in Law
Death After Dobbs: Addressing The Viability Of Capital Punishment For Abortion, Melanie Kalmanson
Death After Dobbs: Addressing The Viability Of Capital Punishment For Abortion, Melanie Kalmanson
William & Mary Journal of Race, Gender, and Social Justice
Pre-Dobbs legislative efforts and states’ reactions in the immediate aftermath of Dobbs indicate the post-Dobbs reality that deeply conservative states will seek to criminalize abortion and impose extremely harsh sentences for such crimes, up to and including death. This Article addresses that reality. Initially, this Article illustrates that abortion and capital punishment are like opposite sides of the same coin, and it is a handful of states leading the counter majoritarian efforts on both topics. After outlining the position of each state in the nation that retains capital punishment on capital sentencing and abortion, the Article identifies the …
Kids, Cognition, And Confinement: Evaluating Claims Of Inadequate Access To Mental Health Care In Juvenile Detention Facilities, Lydia G. Mrowiec
Kids, Cognition, And Confinement: Evaluating Claims Of Inadequate Access To Mental Health Care In Juvenile Detention Facilities, Lydia G. Mrowiec
William & Mary Journal of Race, Gender, and Social Justice
In the United States, almost 60,000 juveniles are incarcerated in juvenile jails and prisons every day, and, as of March 2021, at least seventy percent of juveniles in the juvenile justice system have a mental health condition. For many young adults, prison and detention centers have “become the avenue of last resort” for treatment of those mental health conditions. However, juvenile detention facilities lack the support and resources to provide adequate care, which has led to high recidivism in the juvenile population. Juveniles, and individuals on their behalf, can challenge inadequate access to mental health resources by bringing claims under …
Beating Justice: Corporal Punishment In American Schools And The Evolving Moral Constitution, Timothy D. Intelisano
Beating Justice: Corporal Punishment In American Schools And The Evolving Moral Constitution, Timothy D. Intelisano
William & Mary Journal of Race, Gender, and Social Justice
This Note will discuss the Supreme Court’s holding in Ingraham v. Wright, and the subsequent developments in public school corporal punishment practices. Rather than focus exclusively on the case law, this Note will dive into the statistical data outlining which students are most often subjected to corporal punishment. Often, it is Black students and Autistic students who are subject to the harshest treatment.
This Note will outline the different avenues that courts could and should take to overrule Ingraham. Because a circuit split exists—on the issue of how to resolve these claims—overturning Ingraham and declaring corporal punishment per …
The New Insular Cases, Willie Santana
The New Insular Cases, Willie Santana
William & Mary Journal of Race, Gender, and Social Justice
The Insular Cases is a name given to a series of cases decided by the U.S. Supreme Court dealing with the status of the territories the United States acquired at the turn of the twentieth century. The Insular Cases rely on outmoded assumptions about the peoples who live in those islands, ninety-eight percent of whom belong to racial and ethnic minorities, and extend the extraconstitutional doctrine of territorial incorporation, a Plessy-style doctrine of separate governance for these territories that is different than the territories that preceded them. These cases, and the doctrine they announced, have been universally decried as …
Decolonizing Equal Sovereignty, Rosa Hayes
Decolonizing Equal Sovereignty, Rosa Hayes
William & Mary Journal of Race, Gender, and Social Justice
In Shelby County v. Holder, 570 U.S. 529 (2013), the Supreme Court announced that a tradition of equal sovereignty among the states prohibits unwarranted federal intrusions into state sovereignty and invoked this newly created doctrine to strike down Section 4(b) of the Voting Rights Act. Scholarly critiques in Shelby County’s immediate aftermath debated the constitutional validity of the Court’s equal sovereignty reasoning and warned of the dire threat the VRA’s effacement posed to voting rights—concerns that recent litigation have vindicated.
But other recent litigation suggests that, abstracted from its problematic and consequential origins, equal sovereignty may be deployed …