Criminal Law & Procedure Practice Group Podcast
On November 29, the Supreme Court heard oral arguments in Moore v. Texas. This case involves the death penalty and the intellectually disabled. Specifically, whether in capital cases it violates the Eighth Amendment and the High Court’s prior rulings in Hall v. Florida and Atkins v. Virginia to preclude the application of current medical standards and require older medical standards to determine the intellectual disability of a criminal defendant.
Southwestern Student Chapter
- Kent S. Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation
On January 13, 2014 the Southwestern Law School Federalist Society student chapter hosted a debate about the FDA's role in regulating off-label drug use featuring Professor Richard Epstein, the Laurence A. Tisch Professor of Law at NYU and the Kirsten Bedford Senior Fellow at the Hoover Institution, and Ryan Abbott, Associate Professor of Law at Southwestern Law School and Visiting Assistant Professor of Medicine at the David Geffen School of Medicine at UCLA.
- Prof. Ryan Abbott, Southwestern Law School
- Prof. Richard Epstein, NYU Law School
- Moderator: Dean Susan Prager, Southwestern Law School
SCOTUScast 6-12-13 featuring Richard Broughton
Southwestern Law School
Los Angeles, CA
On May 20, 2013 the Supreme Court announced its decision in Metrish v. Lancaster. The question in this case was whether a petitioner was entitled to federal habeas relief when, in his retrial for murder, Michigan courts relied on an intervening state supreme court decision to deny petitioner’s attempt to reassert the same diminished capacity defense he had raised (unsuccessfully) at his original trial.
In an opinion delivered by Justice Ginsburg, the Court held unanimously that the petitioner was not entitled to federal habeas relief, because the retroactive application of a state supreme court decision eliminating the diminished capacity defense was not an unreasonable application of clearly established federal law.
To discuss the case, we have J. Richard Broughton, who is an Assistant Professor of Law at the University of Detroit Mercy School of Law.
[Listen now!] Federalism & Separation of Powers Practice Group Podcast
NFIB v Sebelius, the health care case, has been decided by the U.S. Supreme Court. The Court has determined that the individual mandate exceeds the Commerce Clause power of Congress, but can be upheld under the taxing power. The Medicaid expansion provision was upheld, but the Court ruled that Congress could not take back Medicaid funds from states that decide to not participate in the expansion. Join us as David Rivkin, the litigator who began this important case by filing the lawsuit in federal district court on behalf of numerous states and the NFIB, explains the decision and the dissents. [Listen now!]
Madness, Deinstitutionalization & Murder Engage Volume 13, Issue 1, March 2012
For those of us who came of age in the 1970s, one of the most shocking aspects of the last three decades was the rise of mass public shootings: people who went into public places and murdered complete strangers. Such crimes had taken place before, such as the Texas Tower murders by Charles Whitman in 1966, but their rarity meant that they were shocking... [Read more!]