Print Issues

Volume 72, Issue 6


‘Racial and Religious Democracy’

Identity and Equality in Midcentury Courts
by  Elizabeth D. Katz

In our current political moment, discrimination against minority racial and religious groups routinely makes headlines. Though some press coverage of these occurrences acknowledges parallels and links between racial and religious prejudices, these intersections remain undertheorized in legal and historical scholarship. Because scholars typically study race and religion separately, they have overlooked the legal significance of…


Disaggregating Ineffective Assistance of Counsel Doctrine

Four Forms of Constitutional Ineffectiveness
by  Eve Brensike Primus

For years, experts have blamed Strickland v. Washington’s lax standard for assessing trial attorney effectiveness for many of the criminal justice system’s problems. But the conventional understanding of Strickland as a problem for ineffectiveness claims gives the decision too much prominence because it treats Strickland as the test for all such claims. That is a…


Is Death Different to Federal Judges?

An Empirical Comparison of Capital and Noncapital Guilt-Phase Determinations on Federal Habeas Review
by  Brett Parker

Legal commentators have long believed that federal judges treat capital appeals more favorably than noncapital appeals. However, due to the bifurcated nature of capital trials and the complexity of the ensuing appeals, no empirical research to date has proven that the guilt-phase claims of capital defendants are more likely to succeed on federal habeas review…


Opening the Door

Expanding Civil Redress for Sexual Assault Through Fraternity Insurance
by  Alexandra Willingham

Campus sexual assault prevention efforts have traditionally focused on criminal prosecution and Title IX adjudication as avenues of deterrence and redress. This focus has largely ignored civil litigation, which could be a route for survivors to obtain critically helpful economic damages. While civil lawsuits often do not go forward because the tortfeasor is judgment-proof, for the…