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Articles

Tennessee Finds a New Way to Compound the Death Penalty’s Cruelty

3 weeks ago | verdict.justia.com | Austin Sarat

For anyone, the prospect of facing death is likely to be a frightening one. Americans learned during the COVID-19 pandemic the special terror of facing death alone, cut off from family, friends, and the comfort they offer. For people on death row, those fears and comforts have special meaning, as they face the moment when they know their lives will end. They often crave contact with their loved ones, lawyers, and spiritual advisors.
When an “Anti-Death Penalty Scholar” Goes Rogue

3 weeks ago | verdict.justia.com | Austin Sarat

Recently, two of my students, with whom I co-authored an article on public executions and lynchings in late nineteenth-century America, asked me why I have devoted so much of my career to studying the death penalty. They were interested less in my intellectual autobiography than in understanding more about capital punishment and the scholarly puzzles that people like me are trying to solve.
What Did Yale Law School Teach JD Vance?

3 weeks ago | verdict.justia.com | Austin Sarat

Among Yale Law students and alums, there is a familiar, loving question. Does anyone learn anything about the law at YLS?
Golden Dome is the Worst Star Wars Sequel Ever

1 month ago | verdict.justia.com | Michael C. Dorf

President Ronald Reagan proposed a space-based missile defense system—officially called the Strategic Defense Initiative (SDI) but more commonly known as Star Wars—in 1983.
Let’s Stop Asking for Last Words of People About to Be Executed

1 month ago | verdict.justia.com | Austin Sarat

On May 15, Florida carried out its fifth execution of 2025, the most of any state so far this year. On that date, it put Glen Rogers to death by lethal injection. Rogers was executed for murdering Tina Marie Cribbs in 1995.
The Birthright Citizenship Case Is and Isn’t About Birthright Citizenship

1 month ago | verdict.justia.com | Michael C. Dorf

Over the course of two and a half hours of oral argument yesterday, the Supreme Court considered whether to grant the Trump administration’s request to cut back on three federal district court rulings invalidating the President’s executive order denying United States citizenship to children born in the U.S. to parents who are either undocumented or legally in this country temporarily.
Yes, More Souters, Please

1 month ago | verdict.justia.com | Michael C. Dorf

When President George H.W. Bush nominated David H. Souter to the U.S. Supreme Court, his Chief of Staff John Sununu boasted that the nominee was a “home run” for the conservative legal movement. Sununu based that assessment on the recommendation of his fellow New Hampshire native, Republican Senator Warren Rudman. But Rudman himself had no real basis for such a judgment.
Judge Delivers a Civics Lesson About the Role of Lawyers and the Limits of Presidential Power

1 month ago | verdict.justia.com | Austin Sarat

Let’s face it. Lawyers and the legal profession are unlikely to win any popularity contests in the United States.
Harvard Law Review? The Latest Odd Moment in America’s Nightmare

1 month ago | verdict.justia.com | Austin Sarat

On April 28, the Trump administration announced it was investigating Harvard Law Review. I should not have been surprised after all that has happened since January 20. But I was. The country is in chaos. Every day, or so it seems, another court rules against the Trump administration, prices rise, and uncertainty reigns. So, who has time for Harvard Law Review? Criticizing the review has long been fashionable in conservative circles.
Another “Death Penalty” Awaits Inmates Who Were Spared Execution by Joe Biden

1 month ago | verdict.justia.com | Austin Sarat

President Donald Trump seems determined to undo as much of the legacy of Joe Biden as he can as fast as he can. Even before he took office for his second term, Trump took aim at one part of that legacy, the former president’s mass clemency of the sentences of people on the federal death row.