Vol. 31, Issue 2

Articles

Two Justices

The Supreme Court decided several important cases as its 2008 term wound down in June 2009. By the last decision day the Court had decided important cases involving the Voting Rights Act extension, the New Haven firefighters, the right of state prisoners to DNA testing, and others.

THE UNITED STATES SENTENCING GUIDELINES ARE NOT THE LAW!: ESTABLISHING THE REASONS “UNITED STATES SENTENCING GUIDELINES” AND “EX POST FACTO CLAUSE” SHOULD NEVER BE USED IN THE SAME SENTENCE

“This circuit has not yet determined whether, after Booker, application of a later (than the date-of-offense) [Sentencing] Guidelines Manual that yields a higher sentence continues to raise an ex post facto problem. Nor has the Supreme Court.” - Circuit Judge Merrick Garland.

TOWARD A HISTORY OF AMERICAN CRIMINAL LAW THEORY

It is said that the study of the theory of criminal law is a young endeavor. What is meant by this, as George Fletcher comments, is that only in the late eighteenth century did people begin to seriously debate and disagree about the purposes of inflicting punishment on those who transgressed communal norms. Elsewhere, Nicola Lacey notes that the late twentieth century witnessed remarkably productive scholarship in criminal law theory in Britain. In her work, Lacey notes a number of fundamental theoretical approaches to criminal law theory that have only recently come to light. These include, for example, the focus on general questions of the nature of law versus a focus upon particular laws and legal institutions; descriptive versus prescriptive theories; and the distinction between normative and social functions of the criminal law.

THE PRECARIOUS STATE OF THE VOTING RIGHTS ACT’S PRECLEARANCE REQUIREMENT IN THE WAKE OF NORTHWEST AUSTIN MUNICIPAL UTILITY DISTRICT NUMBER ONE V. HOLDER

A democratic society is dependent upon a citizen’s right to vote freely. The right to vote is more precious than any other, and its loss renders other rights illusory.  The Fifteenth Amendment guarantees citizens the right to vote regardless of race or color, and it grants Congress the power to enforce the right with appropriate legislation. Shortly after ratification, states began enacting laws designed to disenfranchise African-Americans. The guarantees of the Fifteenth Amendment were resisted for nearly a century.  The Voting Rights Act of 1965 (VRA or the Act) is the vehicle by which Congress may remedy the dire national problem of voting discrimination.

HAS PRESIDENT OBAMA ABANDONED HIS PROMISES? THE DENIAL OF FEDERAL HEALTH BENEFITS FOR SAMESEX SPOUSES OF NINTH CIRCUIT EMPLOYEES

November 4, 2008 was a historic night. The United States of America elected its first African-American President, ushering in a new era of hope for equality. This night held special significance for members of the gay community who had supported Barack Obama during his presidential campaign because he advocated for gay rights. He supported the repeal of the Defense of Marriage Act (DOMA) and pledged to support legislation that would provide same-sex couples with the same legal protections that opposite-sex couples were afforded. He truly embraced the gay community, so much so that during his acceptance speech, President-elect Obama became the first presidential victor to expressly acknowledge the gay community.