Postconviction Remedies, Retroactivity, and Montgomery v. Louisiana’s Other New Rule

The U.S. Supreme Court has turned its attention back to the law of habeas corpus, with a string of new decisions that emphasize the limited scope of federal habeas relief. But focusing one’s sights on only those decisions would overlook what has transpired at the Supreme Court in recent years in state habeas cases coming directly to the Supreme Court from the state postconviction courts. Montgomery v. Louisiana, in particular, shifted the division of power between the Supreme Court and state postconviction courts for questions conventionally considered to be questions of state law. Montgomery, on the surface, is a decision about retroactivity and th

LEGISLATIVE UPDATE

The Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field

LAW STUDENTS CAN USE PORTFOLIOS TO PLAN THEIR PRACTICE SYSTEMS

This post describes how law schools can help students plan for successful careers by using Real Practice System self-assessments to guide them in developing individualized portfolios. Portfolios identify students’ learning objectives and experiences designed to achieve them. Portfolios may include a variety of elements such as writing samples, video recordings, grades, faculty evaluations, clinical course journals, and extracurricular experiences

Undermining Confidence in The Judgment: The Supreme Court of Missouri’s Flawed Application of Missouri’s Wrongful Conviction Statute

In recent decades, the problem of wrongful convictions has garnered much attention from both legal scholars and the public at large. However, one element of wrongful convictions that deserves more attention is the fact that it is remarkably difficult for a wrongfully convicted person to gain his or her freedom. The appeals and post-conviction process for freeing an innocent person is a tangled web of procedural complexities and technicalities. For wrongfully convicted capital defendants, the stress of the complex process compounds the cloud of impending execution hanging over the defendant’s head

Exempting the FMLA from Forced Arbitration: The Need for Special Consideration of Pregnant and Working Mothers to Achieve Gender Equality in the Workplace

Pregnant and working mothers face a multitude of challenges when making decisions that pertain to their health, children, and their livelihoods. Historically, women have encountered numerous barriers regarding their entrance and treatment in the United States labor force as a result of gender discrimination that promotes the idea that women, in their inherent ability to become mothers, renders them inadequate or inferior workers in comparison to men. Unfortunately, such archaic notions of gender roles persist still; today, the reality is that women are more likely to be employed part-time, occupy lower-paid roles, and are less likely to take on managerial positions. Despite such barriers erected by invidious gender discrimination, currently, mothers make up nearly one-third of all employed women in the United States labor force

Diversity On Trial: Navigating Employer Diversity Programs Amidst Shifting Legal Landscapes

In the Summer of 2023, in a pivotal move, the Supreme Court nullified the application of affirmative action policies in both private and public universities nationwide. The Supreme Court’s holding stripped the use of any race-conscious guidelines for admission aimed at enhancing diversity on college campuses. Although the Supreme Court’s holding is grounded in Title VI and does not directly implicate employers and businesses, its aftereffects are poised to reshape how organizations approach their diversity, equity, and inclusion (DEI) initiatives. The legal landscape in this area is quickly evolving and employers need to be prepared to evaluate and potentially revise their DEI policies to mitigate legal exposure. This article extends its focus to the implications of the Supreme Court’s decision within the employer context and delineates strategies and actions that employers can implement to limit their risk. In the face of legal uncertainties, this article serves as a guidepost, encouraging employers and businesses to not only adapt but to persevere in their pursuit of diversity, equity, and inclusion

Real Lawyering Practice Systems

Most of the pieces in the RPS Project have focused on mediation. The theory is not limited to mediation, and this post applies it to lawyering

TECHNOLOGY IN REAL PRACTICE SYSTEMS

This post uses the RPS mediation checklists to illustrate practitioners’ great reliance on technology