Behavioral science data included in an amicus brief has been introduced into a recent Supreme Court decision (Thompson v. Oklahoma) involving the juvenile death penalty. However, a close examination of the data fails to provide support for either the pro- or antijuvenile death penalty position.

The U.S. Supreme Court will decide later this year whether to let stand decisions by two appeals courts permitting doctors to help terminally ill patients commit suicide. The Ninth and Second Circuit Courts of Appeals last spring held that state laws in Washington and New York that ban assistance in suicide were unconstitutional as applied to doctors and their dying patients. If the Supreme Cou...

The recent Supreme Court decision of Queensland v B [2008] 2 Qd R 562 has significant implications for the law that governs consent and abortions. The judgment purports to extend the ratio of Secretary, Department of Health and Community Services (NT) v JWB and SMB (1992) 175 CLR 218 (Marion's Case) and impose a requirement of court approval for terminations of pregnancy for minors who are not ...

The Voting Rights Act of 1965 forever changed the face of electoral equality in the United States. Today, almost forty years later, the Act is considered one of the most pivotal pieces of federal legislation in our country’s history and the “most successful piece of civil rights legislation ever enacted.” Congress has revisited various segments of the Act ave times since its enactment. A key 19...

For two decades, clinicians have been guided by an agreement about the appropriate use of artificial nutrition and hydration (ANH). In general, ANH has been seen as a medical treatment that patients or their surrogates may accept or refuse on the basis of the same considerations that guide all other treatment decisions: the potential benefits, risks, and discomfort of the treatment and the reli...

This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School District No. 1, such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his c...

The landmark 1972 U.S. Supreme Court decision in Jackson v. Indiana prohibited the indefinite commitment of criminal defendants on grounds of incompetence to stand trial if there was no substantial probability of restoration to competency in the foreseeable future. Such defendants are still subject to ordinary civil commitment; however, not all will meet civil commitment criteria, given that th...

In 1837, Dirichlet proved that there are infinitely many primes in any arithmetic progression in which the terms do not all share a common factor. Modern presentations of the proof are explicitly higher-order, in that they involve quantifying over and summing over Dirichlet characters, which are certain types of functions. The notion of a character is only implicit in Dirichlet’s original proof...