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Massachusetts Breaks New Ground in Limiting Youth Punishments
A series of State Court Report essays analyze the broader implications of the ruling.
The Major Questions Doctrine in Texas
The Texas Supreme Court’s nod last year toward the major questions doctrine was premature, given the differences between Texas and federal institutions.
Massachusetts Looks to International Sources to Inform ‘Evolving Standards of Decency’
In declaring life without parole unconstitutional for people under 21, the state’s high court cited sentencing practices in Canada and the United Kingdom.
Massachusetts Rejects Harmful Federal Standard for Evaluating Whether Punishment Is Unconstitutional
The state supreme court’s decision outlawing life without parole for people aged 18 to 20 is notable for both its outcome and the test it used to get there.
Massachusetts Reminds Youth Defense Attorneys to Consider State Constitutions
By holding that life without parole sentences are unconstitutional for anyone under 21, the Massachusetts high court goes far above the federal floor.
Kristina Kersey
Kristina Kersey is an assistant professor at the University of Tennessee College of Law, where her scholarship focuses on the juvenile carceral system and youth rights. She previously worked in...
The Promise and Limits of State Constitutions
As the Supreme Court steps back on individual rights, state constitutions are filling the void. Do we fully understand their role and importance?
People v. Debellis
Ruled that defense counsel was ineffective for failing to request charge on the only defense supported by the trial testimony
People v. Rodriguez
Held that a bicycle stop is a seizure and that police may not initiate encounters with bicyclists absent reasonable suspicion of crime or probable cause of traffic violation