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NLG Review - Death Penalty Focus

by NLG Review Thursday, May. 09, 2019 at 11:59 PM

NLG Review


(link to PDF, below is just the abstract)

Check out the latest issue of the _NLG Review_, a special edition on the death penalty in the United States, and see below on how to submit your writing for publication consideration in the _NLG Review_!

Editor's Preface: Vol. 75 No. 3 by Merdith Osborne

* Counter-Revolutionary: Liberalism, Capital Punishment, and the Next Step Forward by Jason G. Tiplitz

Jason Tiplitz attacks state-sanctioned murder on the grounds that it is unconstitutional and undermines the two core values of any

post-enlightenment, liberal democracy: human rights and civil liberties. As the debate around capital punishment intensifies, Tiplitz's article gives us additional political and philosophical arguments against the practice.

* _Davila v. Davis_, Brady, and the Future of Procedural Default Doctrine in Federal Habeas Corpus by Ian D. Eppler

Ian Eppler analyzes the procedural default doctrine, a postconviction hurdle facing convicted defendants, including those condemned to death by the state, that makes relief for the accused much more difficult. Eppler provides a thorough, but still accessible, doctrinal overview of postconviction litigation, including criticisms of the procedural default doctrine and thoughtful considerations for postconviction lawyers and litigants alike. In a time when most defendants are represented by overworked public defenders, a viable and robust postconviction process is essential to safeguarding due process. Eppler's article is a starting place for reaching this goal and a must-read for any postconviction lawyer.

* The Struggle Against the Death Penalty Moves Forward in Washington State: Reflections on _State v. Gregory_ by Neil M. Fox

Neil Fox discusses the case the case he argued before his state's Supreme Court, which ultimately led--at long last--to the abolition of the death penalty in Washington. Fox discusses the critical role that statistics played in achieving this victory, offering yet another key strategy for anti-death penalty lawyers in state court litigation. Namely, he reviews the Beckett Report, a statistical study commissioned by defense lawyers in Gregory and conducted by University of Washington Sociology Professor Katherine Beckett and then-graduate student, Heather Evans. Among other conclusions, the study revealed that, in the prior three decades of capital litigation in Washington, black defendants were four and a half times more likely to be sentenced to death than white defendants in similar circumstances. This finding led the Washington Supreme Court to conclude that, while theoretically constitutional, the death sentence is not applied in a constitutional manner and cannot stand.


The _NLG Review_ is seeking submissions for its 2020 issues! Articles and book review submissions will be reviewed on a rolling basis.

_NLGR _is the Guild's law journal, which publishes timely, insightful articles that address and respond to the interests and needs of the progressive legal and activist communities. Our readership includes lawyers, scholars, legal workers, jailhouse lawyers, and activists. The NLGR board is composed of an inter-generational group of Guild members, including attorneys, law professors, and legal workers.

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