1st Cir. Adopts ‘Created Danger’ Limit to Qualified Immunity
Lauren KlosinskiA recent article from Law360 Access to Justice explores the First Circuit decision to recognize a carve-out exception to qualified immunity protections for government officials.
Nondelegating Death
Alexandra KleinThis Article critically evaluates responsibility for administering capital punishment through the lens of non-delegation. It analyzes state court decisions upholding broad legislative delegations to agencies and identifies common themes in this jurisprudence.
Sentencing Project Releases Fact Sheet on “Incarcerated Women and Girls”
Pauline ToboulidisThis new fact sheet examines (pre-COVID) female incarceration trends.
Sex Offense Registries in Europe and Around the World
Alessandro Corda and Stephen J. SchulhoferThis article presents new research by Stephen Schulhofer about the treatment of sex offense registration in the UK, Canada, Australia, New Zealand, and the EU. The research, along with an introduction by Alessandro Corda, comes from material prepared for inclusion in an upcoming draft of the Model Penal Code: Sexual Assault and Related Offenses.
The Equal-Protection Challenge to Federal Indian Law
Michael DoranThis article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit.
New NJ Criminal Justice Data Law Could Spur Reforms Elsewhere
Lauren KlosinskiOn Nov. 9, Gov. Phil Murphy signed into law a bill calling on New Jersey Attorney General Gurbir S. Grewal to set up a program to collect and record data on defendants age 18 or older. The data collection and analysis are intended to provide a closer look at potential problems in the system and better equip lawmakers to tackle those issues.