Introduction
The papers which follow grew out of a one-day conference entitled “The Supreme Court and Daily Life: Who Will the Court Protect in the 1990’s?” which was held on October 21, 1989. This event, co-sponsored by The Nation Institute and The
The Review: Volume 18
Preview
Issue 1
featuring
- Racism and Retrenchment in Capital Sentencing: Judicial and Congressional Haste toward the Ultimate Injustice
- Throwing the Book at Revelations: First Amendment Implications of Enforcing Reporters' Promises
- Confronting a New Obstacle to Reproductive Choice: Encouraging the Development of RU-486 through Reform of Products Liability Law
- Affirmative Action: Unresolved Questions Amidst a Changing Judiciary
Issue 2
featuring
- Innocence, Federalism, and the Capital Jury: Two Legislative Proposals for Evaluating Post-Trial Evidence of Innocence in Death Penalty Cases
- Book Annotations
- The Chiropractor as Brain Surgeon: Defense Lawyering in Capital Cases
- Chipping Away at the Great Writ: Will Death Sentenced Federal Habeas Corpus Petitioners Be Able to Seek and Utilize Changes in the Law
Issue 3
featuring
- Prosecutorial and Jury Decision-Making in Post-Furman Texas Capital Cases
- On Metaphors, Mirrors, and Murders: Theodore Bundy and the Rule of Law
- More Than Slightly Retro: The Rehnquist Court's Rout of Habeas Corpus Jurisdiction in Teague v. Lane
- The Execution of the Innocent: The Tragedy of the Hauptmann-Lindbergh and Bigelow Cases
Issue 4
featuring
- A Family Like any Other Family: Alternative Methods of Defining Family in Law
- Mending the Safety Net's Safety Net: The Federal Courts Study Committee's Proposals for Reforming the Social Security Disability Benefits Review Process
- Classical Nostalgia: Racism, Contract Ideology, and Formalist Legal Reasoning in Patterson v. McLean Credit Union
- Tax Glasnost for Millionaires: Peeking behind the Veil of Ignorance along the Publicity-Privacy Continuum
In Depth Reading
Volume 18 Issue 1
Throwing the Book at Revelations: First Amendment Implications of Enforcing Reporters' Promises
Argues that protections erected by the Supreme Court shielding the press from defamation actions should be imported to the contract setting.
The Bill of Rights--Can It Survive?
The Supreme Court's decisions last term have eroded the protections afforded in the Bill of Rights, and looking forward it seems the trend will continue.
Limiting the Right to a Bias-Free Workplace: A Survey of the Employment Discrimination Decisions of the 1988-89 Term
Discussion of the increasingly difficulty of lititgating employment discrimination cases in light of new Court decisions.
Volume 18 Issue 2
Chipping Away at the Great Writ: Will Death Sentenced Federal Habeas Corpus Petitioners Be Able to Seek and Utilize Changes in the Law
Discussion of the scope and availability of habeas corpus defenses to capital case defendants in light of recent Supreme Court decisions.
Innocence, Federalism, and the Capital Jury: Two Legislative Proposals for Evaluating Post-Trial Evidence of Innocence in Death Penalty Cases
Examination of inadequacy of state and federal level checks on preventing factual inaccuracies resulting in wrongful executions.
Death Penalty Opinion in the Post-Furman Years
Exploration of reasons for and possible explanations regarding the growing public support for the death penalty.
Habeas Corpus as a Safety Valve for Innocence
Examination of if Teague and its exceptions continue to protect the innocent defendant as do the rules pertaining to abuse of the writ and procedural default.
Volume 18 Issue 3
The Execution of the Innocent: The Tragedy of the Hauptmann-Lindbergh and Bigelow Cases
Looking at Hauptmann and Bigelow capital punishment cases to explore how our system is still fallible and how innocents can be sentenced to death.
On Metaphors, Mirrors, and Murders: Theodore Bundy and the Rule of Law
Article discusses the Ted Bundy case and debunks myths about Ted Budy receiving super due process and his attorneys caused delays in executing his sentence.
Book Annotations
Annotations of: FACING THE DEATH PENALTY: ESSAYS ON A CRUEL AND UNUSUAL PUNISHMENT. Edited by Michael L. Radelet. Philadelphia: Temple University Press, 1989; THE DEATH PENALTY: A WORLD-WIDE PERSPECTIVE: A REPORT TO THE UNITED NATIONS COMMITTEE ON CRIME PREVENTION AND
Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988
A cataloguing of wrongful convictions in NY over a 20 year period, supporting position that NY should not reenact death penalty.
Volume 18 Issue 4
Mending the Safety Net's Safety Net: The Federal Courts Study Committee's Proposals for Reforming the Social Security Disability Benefits Review Process
Analyzing the social security review system which is subject to political influences and conflicting law, and suggesting reforms.
Tax Glasnost for Millionaires: Peeking behind the Veil of Ignorance along the Publicity-Privacy Continuum
Discussion of if current law impedes forming public policy around the ability of the wealthy to pay higher taxes by allowing secrecy around income tax returns.
Classical Nostalgia: Racism, Contract Ideology, and Formalist Legal Reasoning in Patterson v. McLean Credit Union
Discussion of the intersection of race and contract theory/contract formalism.
A Family Like any Other Family: Alternative Methods of Defining Family in Law
Discussion around the idea of family as kin and more modern conceptions of family and how it has become strongly politicized.