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High Court Decision Called ‘Alarming Reversal’ in  Youth Justice

The Crime Report

That not only amounts to a reversal of a precedent set earlier by the Court, but is an “alarming” step back in protecting juveniles, say Arthur Ago and Rochelle Swartz of the Lawyers’ Committee for Civil Rights Under Law. In Miller v. Four years later, in Montgomery v.

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Unanimous verdicts Update

Court-MartialTrialPractice

In this earlier blo g, I commented on the pending litigation over unanimous verdicts at courts-martial. As military defense lawyers we continue to support the advice given that the issue should be raised in all courts going forward. The update is that the Court of Appeals for the Armed Forces has decided United States v.

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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. When I imagine a foreign lawyer trying to explain this system to a foreign client, my heart fills with pity. Do state courts enforce these clauses at the same rate as federal courts?

Court 52
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Greater than Holmes? The life and legacy of John Marshall Harlan

SCOTUSBlog

The nation’s African American leaders, from Frederick Douglass on down, were intensely focused on Harlan’s arguments, and he helped to inspire future generations of African American lawyers. Having lived through Dred Scott , he was deeply conscious of how mistakes by the court could lead to terrible outcomes. In Plessy v. Crossen Co.

Court 116
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Why the ‘Machinery of Death’ Keeps Running

The Crime Report

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. They hoped the Supreme Court would strike down the death penalty because of its demonstrated racial discrimination and other inequities. Reaction to the Furman decision was swift.

Statute 105
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They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars.

The Crime Report

Lawyers objected but the judge let the testimony in. The system is at its most opaque when prosecutors know evidence is unfit for court but choose to game the rules, hoping judges and juries will believe it and vote to convict. People like Faria, defense lawyers and sometimes even the judges are blindsided. “I I was wrong.

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The quiet radicalism of Justice Souter

SCOTUSBlog

So much so, in fact, that Chief Justice William Rehnquist, writing for the majority, chastised Souter for doing a disservice to the Courts traditional method of adjudication. Although these cases span different areas of the law, they are all united by a common thread.

Legal 63