Kathleen Clark Professor of Law, Washington University School of Law The U.S. Department of Justice has a long […]
Evan C. Zoldan[i]
When the Court of Appeals of Indiana decided an important case about gun liability in May 2019, it got a key legal point wrong. The case, City of Gary v. Smith & Wesson,[ii]arose out of a lawsuit filed by the City of Gary, Indiana (the “City”), against Smith & Wesson and other firearms manufacturers. The City asked the court to hold the manufacturers liable for creating a public nuisance and for the negligent design, distribution, and marketing of firearms. After the City’s lawsuit was filed, the Indiana legislature passed a statute granting immunity to gun manufacturers for these types of claims. Because the lawsuit predated the statute, however, it was not clear whether the statute would affect the pending lawsuit.
The Federal Sentencing Guidelines were originally imposed by Congress in the Sentencing Reform Act of 1984 (SRA). This statute was an attempt to create a determinate sentencing system, which included large-scale elimination of parole and severe restriction of good time credit in order to create a system in which criminals would serve most or all of the time to which they were sentenced.
For nearly 100 years prior to the enactment of the SRA, the U.S. federal criminal system was an indeterminate sentencing system, under which “[s]tatutes specified the penalties for crimes but nearly always gave the sentencing judge wide discretion” in whether an individual should be incarcerated and for how long, and as to whether the use of parole was appropriate.
The Indiana Law Review is pleased to announce that the following students have been selected as Note Candidates […]
The Indiana Law Review is pleased to announce that the following students have been selected as Note Candidates for Volume 51. We look forward to their contributions to legal scholarship over the coming school year. Congratulations!
|Courtney Abshire||Julie Ardelean||Nick Bognanno|
|Thomas Buchanan||Amy Burbrink||Sarah Correll|
|Michael Daniells||Alyssa Devine||Nicole Dobias|
|Chris Frank||Brendan Hogan||Elizabeth Hyde|
|Trevor Johnson||JooRi Kim||Bradley Lohsl|
|Amelia Marvel||Kevin McCusker||John Millikan|
|Riley Parr||Charles Richert||Haley Roach|
|Henry Robison||Eric Shouse||Eileen Smart|
|Joseph Tanner||Carla Uhlarik|