Life After Miller: Retroactive Sentencing and the Rare Juvenile

Photo Credit: Associated Press, apnews.com

Written by: Kimberly Fasking

Member, American Journal of Trial Advocacy

In 2006, Evan Miller was convicted of a crime he had committed just three years prior, at the age of fourteen.[1] He and a friend had robbed, beaten, and killed his mother’s drug dealer after an evening drinking and smoking marijuana with the victim.[2] Miller was convicted of murder, and he was sentenced to life without the possibility of parole, the mandatory sentence in the state of Alabama at the time for such an offense.[3] Continue reading “Life After Miller: Retroactive Sentencing and the Rare Juvenile”

KAVANAUGH’S FIRST OPINION: FURTHER SOLDIFYING THE FEDERAL ARBITRATION ACT

Photo Credit: http://altalaw.ca/areas-of-practice/arbitration/

By: Nick Jackson

Associate Editor, American Journal of Trial Advocacy

INTRODUCTION

In January 2019, Brett Kavanaugh, a newly confirmed justice on the Supreme Court of the United States, delivered his first opinion, one that was unanimously confirmed by the Court.[1] In Henry Schein, Inc. v. Archer and White Sales, Inc.,[2] the Court overturned the Fifth Circuit’s interpretation of the Federal Arbitration Act, stating “arbitration is a matter of contract, and courts must enforce arbitration contracts according to their terms.”[3] In recent years, arbitration agreements have become a controversial aspect of the American legal system.[4] Accordingly, many individuals have brought forth challenges to contest unfavorable arbitration results.[5] One of the most criticized aspects of arbitration deals with forced arbitration agreements.[6] However, the controversial nature of arbitration agreements has failed to limit their use in industries where the use of arbitration is increasing such as the credit card, banking, insurance, and mobile phones services industries.[7] Continue reading “KAVANAUGH’S FIRST OPINION: FURTHER SOLDIFYING THE FEDERAL ARBITRATION ACT”