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Sentencing Law and Policy: The Evolving Standards, As Applied

The Evolving Standards, As Applied The title of this post is the title of this notable new paper authored by William Berry now available via SSRN. Here is its abstract: In Jones v. Mississippi, the Supreme Court adopted a narrow reading of its Eighth Amendment categorical bar on mandatory juvenile life-without-parole (JLWOP) sentences.  Specifically, the Court rejected the Jones’ claim that the Eighth Amendment categorical limit required a sentencing jury or judge make a finding of permanent incorrigibility that the defendant is beyond hope of rehabilitation as a prerequisite to imposing a JLWOP sentence. In dicta, the Court suggested that Jones could have made an individual as-applied challenge to his sentence under the Eighth Amendment by claiming that his JLWOP sentence was disproportionate to the crime he committed.  While the Court has used a narrow disproportionality standard in non-capital, non-JLWOP cases, it is not clear what standard would apply to individual

Environmentalists, Indigenous bands will continue to appeal Line 3 decision The Department of Commerce will not

Environmentalists, Indigenous bands will continue to appeal Line 3 decision. The Department of Commerce will not The move ends a legal challenge that began in former Minnesota Gov. Mark Dayton s administration was continued by Gov. Tim Walz s administration. 5:32 pm, Jul. 15, 2021 × Protesters chant and raise signs as they march on Duluth s Lakewalk on Sept. 28, 2019, after a rally at Gichi-ode Akiing in protest of Enbridge Line 3. (Tyler Schank / File / News Tribune) Environmental groups and Indigenous bands opposed to Enbridge s Line 3 oil pipeline have asked the Minnesota Supreme Court to overturn a lower court s ruling that said regulators relied on the correct demand forecast when approving the pipeline.

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