Volume 109 / Issue 7

Collateral Effects of Habeas Retrogression

Prisoners in state custody currently have two avenues to challenge violations of their constitutional rights: petitions for habeas corpus and suits under 42 U.S.C. § 1983. Although the two sometimes overlap, courts have held that § 1983 suits are …

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Volume 109 / Issue 7

Suffering Before Execution

Before their executions, condemned people suffer intensely, in solitude, and at great length. But that suffering is not punishment—especially not the suffering on American-style death rows. In this Article, I show that American institutions …

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Volume 109 / Issue 7

Defeating the Empire of Forms

For generations, contract scholars have waged a faint-hearted campaign against form contracts. It’s widely believed that adhesive forms are unread and chock-full of terms that courts will not, or should not, enforce. Most think that the market for …

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Volume 109 / Issue 6

The Nullity Doctrine

The Federal Rules of Civil Procedure permit litigants to make changes to the substance of their initial pleading. Those changes raise a constitutional question when the initial pleading fails to establish a constitutionally required element of a …

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Volume 109 / Issue 6

Silencing Litigation Through Bankruptcy

Bankruptcy is being used as a tool for silencing survivors and their families. When faced with claims from multiple plaintiffs related to the same wrongful conduct that can financially or operationally crush the defendant over the long term—a …

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Noncitizens, Mental Health, and Immigration Adjudication

When a noncitizen commits a crime in the United States, they become vulnerable to the possibility of the government instigating removal proceedings against them. According to the Immigration and Nationality Act, the noncitizen can argue in their …

By Mishan Kara
109 Va. L. Rev. Online 162

Catalyzing Judicial Federalism

In response to a U.S. Supreme Court that is retrenching many important civil rights, some advocates are turning to state courts and constitutions as alternative means of protection. The Court’s regression follows a recent ideological change, a …

By Adam B. Sopko
109 Va. L. Rev. Online 144

Chronic Nuisance Ordinances, Impossible Choices, and State Constitutions

When Lakisha Briggs’s partner attacked her in April 2012, her daughter called the police. Their response ensured that neither Ms. Briggs nor her daughter would ever take that risk again. Once officers arrived at Ms. Briggs’s home, they told her …

By Sean Gray
109 Va. L. Rev. Online 124