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.
The Review: Volume 18
Preview
Issue 1
featuring
- Introduction
- Confronting a New Obstacle to Reproductive Choice: Encouraging the Development of RU-486 through Reform of Products Liability Law
- Limiting the Right to a Bias-Free Workplace: A Survey of the Employment Discrimination Decisions of the 1988-89 Term
- Affirmative Action: Unresolved Questions Amidst a Changing Judiciary
Issue 2
featuring
Issue 3
featuring
- More Than Slightly Retro: The Rehnquist Court's Rout of Habeas Corpus Jurisdiction in Teague v. Lane
- The Role and Consequences of the Death Penalty in American Politics
- Ambivalence in State Capital Punishment Policy: An Empirical Sounding
- Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988
Issue 4
featuring
- Woman Behind the Blindfold: Toward a Feminist Reconstruction of Rawls' Theory of Justice, The
- A Family Like any Other Family: Alternative Methods of Defining Family in Law
- Classical Nostalgia: Racism, Contract Ideology, and Formalist Legal Reasoning in Patterson v. McLean Credit Union
- Mending the Safety Net's Safety Net: The Federal Courts Study Committee's Proposals for Reforming the Social Security Disability Benefits Review Process
In Depth Reading
Volume 18 Issue 1
Losing the Negative Right of Privacy: Building Sexual and Reproductive Freedom
Sexual and reproductive freedoms are negative privacy rights that the law should protect from encroachment.
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 Supreme Court and Daily Life: Who Will the Court Protect in the 1990s--Introduction
Introduction to the Articles in this issue, pertaining to a wide vareity of civil liberties and rights the Court will address in its upcoming term and beyond.
Volume 18 Issue 2
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.
The Decline of Executive Clemency in Capital Cases
Examination of the declining use of executive clemency in capital cases.
Understanding Teague v. Lane
Discussion of the Teague v. Lane's new rule on retroactivity in criminal cases and its effect on past criminal cases.
Book Annotations
Annotations of: DEATH WORK: A STUDY OF THE MODERN EXECUTION PROCESS. By Robert Johnson. Pacific Grove, California: Brooks/Cole Publishing Co., 1990; DEATH & DISCRIMINATION: RACIAL DISPARITIES IN CAPITAL SENTENCING. By Samuel R. Gross and Robert Mauro. Boston, Massachusetts: North-eastern University
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.
More Than Slightly Retro: The Rehnquist Court's Rout of Habeas Corpus Jurisdiction in Teague v. Lane
Impact of Teague's limits on habeas corpus jurisdiction and the Teague nonretroactivity doctrine.
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.
The Great Writ in Action: Empirical Light on the Federal Habeas Corpus Debate
Data analysis of various habeas procedures and doctrines through looking at habeas cases in SDNY in a three year period.
Volume 18 Issue 4
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.
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.
Woman Behind the Blindfold: Toward a Feminist Reconstruction of Rawls' Theory of Justice, The
Examining Rawls' theory of justice through a feminist lens, and particularly how it fails to deal with sexism in a sexual/marital contract between men & women.
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.