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Why the ‘Machinery of Death’ Keeps Running

The Crime Report

Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. This time the court’s verdict was less equivocal, though no less divided. In a 5-4 decision, it struck down mandatory death sentencing statutes. Austin Sarat.

Statute 105
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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. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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The Graying of America’s Prison Population

The Crime Report

Half of all incarcerated people serving LWOP are located in one of five states included in the review: California, Florida, Louisiana, Michigan, and Pennsylvania. Report authors highlighted a recent Supreme Court decision in Canada. Florida has the highest count of incarcerated people serving life without parole sentences.

Statute 142
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First Amendment questions and California arbitration battles

SCOTUSBlog

If the justices grant the petition, it would be the first time the Supreme Court addresses the First Amendment implications of secret audio recordings. In Louisiana v. Louisiana v. The next free-speech challenge involves the limits of the First Amendment’s prohibition on compelled speech.

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Supreme Court Rules States Can’t Challenge Federal Immigration Policy

Constitutional Law Reporter

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

A Hawaii court held that the Hawai‘i Environmental Policy Act requires environmental review for commercial taking of aquarium fish and that Department of Land and Natural Resources issuance and renewal of licenses for commercial aquarium collection without environmental review was invalid and illegal.

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Another separation-of-powers case, press access to trials, and maritime insurance

SCOTUSBlog

But the court declined to invalidate the entire agency for this structural flaw, instead severing the for-cause provision from the rest of its authorizing statute. It argues that the 3rd Circuit’s decision has thrown all of that into upheaval and must be reviewed. Superior Court extends to hearing potential jurors’ names.