MOST RECENT PRINT ISSUE
Volume 79, Issues 5 & 6
2018
Article
A Deadly Pair: Conflicts of Interest Between Death Investigators and Prosecutors
As an inevitable fact of life, death is a mysterious specter looming over us as we move through the world. It consumes our literature, religions, and social dialogues—the death of a prominent figure can change policies and perceptions about our approaches to many problems. Given death’s significance, it is reasonable to try to understand causes of death generally, as well as on a case-by-case basis. While scholars and mourners...
Article
Quelling the Silver Tsunami: Compassionate Release of Elderly Offenders
I am 70 years old, and I have eight more years to spend in this prison—if I make it. None of my other siblings lived to see their 71st birthday. Lots of the young guys in here still feel like they have something to prove. They pick fights with each other, talk stuff to the guards, smuggle drug, phones, movies, and liquor in. Me, I’m over that. I read the Bible, exercise, and try to be a good example to the other guys. That’s how I
spend my days. I guess that’s all...
Note
Henry Montgomery was a seventeen-year-old from the segregated town of Scotlandville, just outside of Baton Rouge, Louisiana in 1963. He was skipping school on November 13, 1963 when stopped by East Baton Rouge Sherriff’s Deputy Charles Hurt...
Article
This Article is about what malice should mean under bankruptcy law. Malice is used in other areas of law as a sorting function—to identify wrongful acts that are especially grievous. For example, criminal law uses malice to separate murder from manslaughter. The Bankruptcy Code uses malice to perform a similar sorting function. Bankruptcy law discharges or forgives certain kinds of debts. It separates debts that
society is willing to forgive from debts...
Article
Strong Medicine: Fighting the Sexual Harassment Pandemic
A pandemic of sexual harassment has stricken the country. A recent Equal Employment Opportunity Commission (EEOC) report shows that, depending on how the question is posed, between 25% and 85% of women respond that they have experienced harassment in the workplace. Even if the lower figure is accurate, the scope of the problem is shocking. It is equally troubling that 90% of incidents go unreported. Victims do not believe that their employers will...
Article
A Tale of Two Dauberts: Discriminatory Effects of Scientific Reliability Screening
Rare is the day that passes that the issue of race in criminal justice is not headline news. Police shooting cases and allegations of racial bias raise important questions about the legitimacy of law enforcement and, more broadly, about our nation’s commitment to principles of equal protection. While criminal justice reform has appropriately been a high-profile concern, fixing criminal justice alone...
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