At its 2018 Annual Meeting, The American Law Institute completed nearly a decade’s worth of work on the Restatement of the Law, Liability Insurance. The Restatement’s approval was deferred for a year from the 2017 Annual Meeting, largely because of opposition from insurance industry interests. The Restatement attracted unusual attention from interests outside the normal ALI process, in a way that can be fairly characterized as political, in the non-pejorative sense that it involves the authoritative allocation of values.
This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of “American law” and identifies this exclusion as both an inconsistent omission and a missed opportunity.
Distinguishing ‘Incorrigibility’ From ‘Transient Immaturity’: Risk Assessment in the Context of Sentencing/Resentencing Evaluations for Juvenile Homicide OffendersJaymes V. Fairfax-Columbo, Sarah Fishel and David DeMatteo
n two recent cases, the United States Supreme Court abolished mandatory juvenile life without parole (LWOP; Miller v. Alabama, 2012) and held that the ban applies retroactively (Montgomery v. Louisiana, 2016). Pointedly, the Court suggested that juveniles should only be sentenced to LWOP when they are ‘incorrigible’ or ‘irreparably corrupt.’
Unlike other children, Native American children can be tried and sentenced in tribal, state or federal justice systems. Once they make contact with the justice system, Native youth face unique complications that many don’t understand[.]
My intent is not to cast aspersions on feminism or even “White feminism” but, in the vein of James Forman Jr.’s Locking Up Our Own and Naomi Murakawa’s, The First Civil Right, to tell a complex story of feminism’s relationship to the American penal state so that we feminists can, in Murakawa’s words, “reexamine the scaffolding beneath our explanations for mass incarceration” in order to better fight it.
This paper is of a combined character; summary and research, as it contains comparisons and research in a critical way, so it includes content and important psychological aspects of criminal actions that lead the juvenile person to conflict with the law, including factors which directly or indirectly affect this category of society to be involved in criminal activity.