The “When” of Chevron: The Missed Opportunity of County of Maui

SAMUEL ESTREICHER, DANIEL FOLSOM

NYU law professor Samuel Estreicher and rising 3L Daniel Folsom comment on the U.S. Supreme Court’s recent decision in County of Maui v. Hawaii Wildlife Fund, in which the Court interpreted a provision of the Clean Water. Estreicher and Folsom argue that the case presented an opportunity to clarify the murky question of when the Chevron doctrine applies, yet the Court avoided answering that question.

Read More

The Unnecessary Protection of Qualified Immunity

JOANNA C. SCHWARTZ, SETH STOUGHTON

UCLA law professor Joanna C. Schwartz and South Carolina law professor Seth W. Stoughton address some of the arguments commonly asserted to support qualified immunity, the doctrine that shields police officers from civil liability for constitutional violations. Schwartz and Stoughton argue that eliminating qualified immunity should not affect police decision-making and that existing Supreme Court doctrine gives police officers plenty of leeway to make mistakes without violating the Constitution. Because qualified immunity applies only to unreasonable actions by police officers, eliminating or substantially restricting it should not a chilling effect on police officers’ ability or willingness to respond to critical incidents.

Read More

Walker v. Mississippi

Citation: 2018-CA-01059-SCT

Opinion Date: June 25, 2020

Judge: Josiah D. Coleman

Areas of Law: Constitutional Law, Criminal Law

Alan Walker was convicted of the capital murder of Konya Edwards during the commission of sexual battery, for which he received the death sentence. He was also convicted of forcible rape and kidnapping, for which he was sentenced to thirty and thirty-five years, to run consecutively. On direct appeal, the Mississippi Supreme Court affirmed his convictions and sentences, and denied Walker’s application for leave to file for post-conviction relief. Walker filed a successive post-conviction motion, arguing his counsel rendered ineffective assistance of counsel. On remand to the trial court, Walker failed to meet his burden of proof that trial counsel had rendered deficient performance that prejudiced him. Finding no grounds to reverse the trial judge’s determination, the Court affirmed conviction and sentences.

Walter v. Mississippi

Citation: 2019-KA-00682-SCT

Opinion Date: June 25, 2020

Judge: Michael K. Randolph

Areas of Law: Constitutional Law, Criminal Law

Darrell Walter was convicted by jury of capital murder and aggravated assault, both enhanced by the use of a firearm. He was sentenced to life without parole for capital murder, ten years for aggravated assault, and an additional five years for the aggravated-assault firearm enhancement to run concurrent to the ten-year sentence. Walter’s counsel filed a “Lindsey” brief; Walter himself did not file a pro se brief. The Mississippi Supreme Court accepted defense counsel’s attestation there were no arguable issues for appeal. Finding the evidence sufficiently supported Walter’s convictions for capital murder with firearms enhancements, the Supreme Court affirmed conviction.