From time to time I come across articles or cases that might make a good topic -- further research would be needed to decide whether it would work. The fact that it’s on this list means nothing more than that I thought there was something interesting about it. If after looking into one of these you plan to write on it, even with a different adviser, please let me know so I can remove it from the list. Similarly, if you investigate one of these topics and decide against it (say, because you believe it’s preempted), please let me know.
- Martha Neil, Remote Texter Can Be Held Liable for Distracted Driver’s Crash, Appeals Court Rules, ABAJournal, Aug. 27, 2013
- Ian Lovett, Law Banning “Gay Cure” Is Upheld in California, N.Y. Times, Aug. 29, 2013
- What constitutes a “life sentence without parole” in the case of juveniles? The Supreme Court has ruled that life without possibility of parole (LWOP) for juvenile defendants violates the Eighth Amendment in non-homicide cases, and requires individualized judicial consideration in the case of homicide offenses. This has raised several questions, on which lower courts have disagreed:
- Is a very lengthy sentence without possibility of parole (say, 80 years), permitted in the case of a non-homicide offenses? In the case of homicide, can it imposed by a statutory mandate, without individualized judicial consideration?
- Does the logic of the Supreme Court’s cases ban any term “without possibility of parole” -- or just LWOP?
- Are the decisions retroactive?
- Some links (not comprehensive)
- Appeals Court Overturns Local Juvenile Sentence; Says 80 Years Equals Life, NorthEscambia.com, April 13, 2012
- High court ruling could have major impact on young killers,The Morning Call, July 17, 2013
- When are very long juvenile sentences really LWOP sentences under the Eighth Amendment?, Sentencing Law & Policy, July 16, 2013
- Paul Elias, Many question life sentences for juveniles, 8/18/2012
- David Ovalle, Appeals Court tosses life sentence for teen in Southwood Middle School stabbing, Miami Herald, March 20, 2013
- Human Rights Advocates, Extreme Criminal Sentences: Violations of International Standards, February 2013
- Terry Carter, Dangerous Desk Toy Buckyballs Voluntarily Recalled by Retailers, ABAJournal, April 29, 2013; Terry Carter, Should This Toy Be Saved?, ABAJournal, May 1, 2013
- Mark Patrick, Ten Former Players Sue the NFL for Use of Their Likeness by NFL Films, Intellectual Property Brief, American University, Aug. 25, 2013
- Fracking and the Dormant Commerce Clause:
- Debra Cassens Weiss, Second Amendment Protects the Right to Carry a Gun Outside the Home, Illinois Supreme Court Says, ABAJournal.com, Sept. 13, 2013. Related: