Minority Rule: Redefining the Age of Criminality
Children under age seventeen should not be charged in the adult criminal justice system. State legislatures need to establish a bright-line rule of minority.
The Review: Volume 38
Preview
In Depth Reading
Volume 38 Issue 1
Juvenile Remorselessness: An Unconstitutional Sentencing Consideration
This article argues that the use of remorselessness to aggravate juvenile sentences is unconstitutional.
Consent Searches of Minors
This Article discusses the history of judicial treatment of consent searches and minors and the potential influence of recent Supreme Court decisions related to juveniles.
From Turkey Trot to Twitter: Policing Puberty, Purity, and Sex-Positivity
This article examines laws that police puberty and suggests that adults find more productive ways to grapple with the teen identity formation process.
Volume 38 Issue 2
Title IX and Pregnancy Discrimination in Higher Education: The New Frontier
This article will address new efforts by federal agencies to seek compliance relating to Title IX and pregnancy discrimination in educational institutions.
Marriage in the Golden Years: Revisiting Benefits and Obligations in Light of the New Individualism
This article considers what a rigorous interpretation of "the new individualism" would mean for old age laws.
Capitalism vs. Freedom
This article aims to point out that the understanding of freedom in the U.S. legal system is too narrow since it disregards other significant aspects of freedom.
Can the Child Welfare System Protect Children without Believing What They Say
This article reviews research on suggestibility and the capacity of adults to detect lies in children and proposes ways to improve child welfare determinations
Volume 38 Issue 3
Beyond Brady: An Eighth Amendment Right to Discovery in Capital Cases
This article evaluates the efficacy of the Brady disclosure regime in a capital cases and outlines a constitutional remedy.
Brady and the Juvenile Courts
The fiftieth anniversary of Brady v. Maryland brought attention to what scholars and jurists have been describing for years as an epidemic of Brady violations. In an effort to curb patterns of non-disclosure, stakeholders have convened working groups, courts and
The Right to Defense Discovery in Plea Bargaining Fifty Years After Brady v. Maryland
Fifty years after Brady v. Maryland, defense attorneys around the United States continue to struggle to get basic information from prosecutors. This is even more of an issue in the ninety-four to ninety-seven percent of criminal cases that are resolved
When the Government Holds the Purse Strings But Not the Purse: Brady, Giglio, and Crime Victim Compensation Funds
This article seeks to answer the question of whether the practice of withholding victim's funds payment runs contrary to Brady and Giglio.
Volume 38 Issue 4
Hope, Illusion and Imagination: The Politics of Parole and Reentry in the Era of Mass Incarceration
This essay argues for viewing incarcerees as part of shared humanity of both incarcerated person and the person to whom harm has been done.
One Advocate's Road Map to a Civil Rights Law for the Next half Century: Lessons from the Latino Civil Rights Experience: 2013 Latinos and the Law Lecture, October 22, 2013
The author reviews his early years at MALDEF to review how he used impact litigation to achieve wider-reaching impact than he originally understood.
Thirteenth Amendment and Constitutional Change
Describes 13th amendment, analyzes major jurisprudence, and proposes ways to use it to address peristing inequality.
Preventative Law: Interdisciplinary Lessons from Medical-Legal Partnership
This essay discusses how individual cases can inform systematic change, and the practice of preventative law in the medical-legal partnership realm.