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Verdict Legal Analysis and Commentary from Justia Justia Home Columnists Topics Archives Resources Subscribe Header Social Media - Facebook Header Social Media - Twitter Header Social Media - RSS Header Social Media - Facebook Header Social Media - Twitter Header Social Media - RSS Search on verdict.justia.com Search Trending Death Penalty States Beware: Nitrogen Hypoxia Is Not the Solution to America’s Long History of Inhumane Executions By Austin Sarat Winter in Day Hall By Joseph Margulies Political Animals: What Kristi Noem’s Dog Killing Says About the Rest of Us By Michael C. Dorf Permalink to Death Penalty States Beware: Nitrogen Hypoxia Is Not the Solution to America’s Long History of Inhumane Executions Death Penalty States Beware: Nitrogen Hypoxia Is Not the Solution to America’s Long History of Inhumane Executions 10 May 2024 Austin Sarat Amherst professor Austin Sarat discusses the recent adoption of nitrogen hypoxia as a method of execution in several U.S. states, focusing on Alabama’s recent executions and other states considering or implementing this method. Professor Sarat argues that, despite proponents’ claims, nitrogen hypoxia is not a humane or problem-free method of execution, but instead echoes the unfulfilled promises made about previous execution methods like electrocution, gas chambers, and lethal injection. Continue reading Posted in: Criminal Procedure Permalink to Winter in Day Hall Winter in Day Hall 9 May 2024 Joseph Margulies Cornell professor Joseph Margulies comments on a pro-Palestinian encampment set up by student activists at Cornell University, which the author views as a peaceful protest in line with the university’s stated values. Professor Margulies shares an opinion piece he wrote in the student newspaper, The Cornell Daily Sun , in which he criticized the university administration’s cold response to the encampment, arguing that the students’ demands for divestment, acknowledgement, disclosure, and absolution are just, and that Cornell is failing to live up to its reformist ideals by deriding the protesters and remaining silent on the issues they raise. Continue reading Posted in: Civil Rights Permalink to Political Animals: What Kristi Noem’s Dog Killing Says About the Rest of Us Political Animals: What Kristi Noem’s Dog Killing Says About the Rest of Us 8 May 2024 Michael C. Dorf Cornell Law professor Michael C. Dorf discusses Republican politicians, particularly Kristi Noem, and their involvement in controversial incidents related to animal cruelty. Professor Dorf argues that while the outrage directed at these politicians for their mistreatment of individual animals is justified, it is hypocritical for most people to condemn these actions while continuing to participate in a food system that causes immense suffering to billions of animals. Continue reading Posted in: Animal Rights Permalink to Of Mass Torts, Multidistrict Litigation, and Collateral Estoppel: Notes on Justice Thomas’s Dissent from the Denial of Certiorari in E.I. du Pont de Nemours & Co. v. Abbott Of Mass Torts, Multidistrict Litigation, and Collateral Estoppel: Notes on Justice Thomas’s Dissent from the Denial of Certiorari in E.I. du Pont de Nemours & Co. v. Abbott 7 May 2024 Laura Dooley and Rodger Citron Laura Dooley and Rodger Citron, both professors of law at Touro University, Jacob D. Fuchsberg Law Center, discuss the Supreme Court’s denial of certiorari in E.I. du Pont de Nemours & Co. v. Abbott , a mass tort case involving the application of nonmutual offensive collateral estoppel in a multidistrict litigation (MDL) context. Professors Dooley and Citron argue that while Justice Thomas’s dissent raises concerns about fairness and due process for the defendant Du Pont, the Court’s denial of certiorari appropriately defers to the lower courts’ fact-specific analysis and recognizes that plaintiffs in mass tort cases have the same right to efficient procedures as corporate defendants, so long as their use is fair. Continue reading Posted in: Courts and Procedure Permalink to What Campus Protests May Do to the 2024 Presidential Election What Campus Protests May Do to the 2024 Presidential Election 6 May 2024 Austin Sarat Amherst professor Austin Sarat discusses the recent surge in pro-Palestinian protests on college campuses across the United States and how these protests have become a political issue in the 2024 presidential campaign. Professor Sarat argues that while peaceful protest should be protected, violent and disruptive protests should not be tolerated, and expresses concern that the campus protests, despite their aim to support human rights, may inadvertently help those who seek to undermine human rights and decency both domestically and internationally. Continue reading Posted in: Speech and Religion Permalink to Why Even Ostensibly Peaceful Expressive Encampments” at Universities Are Not Immune From Restrictions Under the First Amendment, With Special Attention to Some Analogies to Abortion Clinics Why Even Ostensibly Peaceful Expressive Encampments” at Universities Are Not Immune From Restrictions Under the First Amendment, With Special Attention to Some Analogies to Abortion Clinics 2 May 2024 Vikram David Amar and Alan E. Brownstein UC Davis Law professor Vikram David Amar and professor emeritus Alan E. Brownstein discuss the regulation of student protests and encampments on college campuses, particularly focusing on the balance between protecting free speech and ensuring the safety and functioning of the university. Professors Amar and Brownstein argue that while peaceful protests should generally be permitted, universities have significant interests—such as preventing physical obstruction, noise pollution, unsanitary conditions, and liability issues—that can justify content-neutral time, place, and manner restrictions on encampments, even if evenly enforcing such restrictions during tense situations presents challenges. Continue reading Posted in: Speech and Religion Permalink to Israeli Accountability to Civilians: World Central Kitchen Part II Israeli Accountability to Civilians: World Central Kitchen Part II 1 May 2024 Lesley Wexler In this second of a series of columns on Israel’s strike on the World Central Kitchen convey, Illinois Law professor Lesley M. Wexler explores the lack of individual remedies available to the victims of the strike and other civilian casualties in Gaza, particularly focusing on the limitations of tort liability, solatia, and condolence payments, and the UN Register of Damages. Professor Wexler argues that while these avenues for compensation are currently unavailable or unlikely to be pursued by Israel, the question of individual compensation for civilian victims should be addressed as part of a future political resolution to the Israel-Hamas conflict. Continue reading Posted in: International Law Permalink to What Oklahoma Did to Clayton Lockett Ten Years Ago Changed the National Conversation About Botched Executions What Oklahoma Did to Clayton Lockett Ten Years Ago Changed the National Conversation About Botched Executions 1 May 2024 Austin Sarat Amherst professor Austin Sarat discusses the botched execution of Clayton Lockett in Oklahoma in 2014 and how it marked a turning point in the public perception of capital punishment. Professor Sarat argues that the repeated failures and mistakes in the death penalty system, exemplified by Lockett’s execution and the disproportionate impact on Black individuals, have undermined the moral justification for capital punishment and strengthened the case for abolition. Continue reading Posted in: Criminal Law Permalink to Can a Public High School Punish a Student for Asking a Question that Refers to Illegal Aliens”? Part Two in a Two-Part Series Can a Public High School Punish a Student for Asking a Question that Refers to Illegal Aliens”? Part Two in a Two-Part Series 30 Apr 2024 Vikram David Amar and Jason Mazzone In this second of a two-part...