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77 Nat'l Law. Guild Rev. [i] (2020)

handle is hein.journals/guild77 and id is 1 raw text is: editor's preface

By Meredith O'Harris, Editor in Chief
& Nathan Goetting, Articles Editor
The Left doesn't have much to thank Associate Justice Anthony Kennedy
for. During his 30 years on the Supreme Court, he generally helped move
the nation rightward and was especially reactionary late in his career on
issues involving workers' rights' and allowing corporate money to influence
elections,2 using his status as the Court's swing vote to determine the
outcomes of major cases in both areas. But there were a few aspects of the
law in which this Reagan appointee genuinely surprised and strengthened
progressive political movements. One was juvenile sentencing.3
During the seven years between 2005 and 2012, Kennedy became an
unlikely progressive champion of children's rights in a trio of 5-4 cases
(even penning the majority opinion in two of them). In the most recent of
these cases, Miller v. Alabama, Kennedy helped transform the United States
from a draconian nation that allowed children to be sentenced to die,4 to a
draconian nation that at least prohibits sentencing children to life in prison
without the possibility of parole (LWOP).5
Although Miller was rightly decided, it left many issues unresolved and
injustices unredressed for juvenile lifers. Presently, it remains unclear
how the parole process should work for these individuals, now that they're
entitled to the possibility of parole. Some states are using Risk Assess-
ment Instruments, designed for adult offenders, to determine their parole
eligibility. But while these assessment tools theoretically allow for juveniles'
eventual release, they may unintentionally preclude it through their assess-
ment criteria-leaving Miller an empty promise. Consequently, juveniles
remain in prison indefinitely; a de facto life sentence. In our feature article,
NATIONAL LAWYERS GUILD REVIEW, formerly GUILD PRACTITIONER, is published triannually by the
National Lawyers Guild, a non-profit institution, at 132 Nassau Street, # 922, New York NY 10038. ISSN
0017-5390. Periodicals postage paid at New York, NY and at additional mailing offices. Subscription rates
are $75/yr for libraries and institutions; $25/yr for lawyers; $10/yr for legal workers/law students; $5/yr for
incarcerated persons; add $5/yr for overseas; $6.50/single copy, and should be sent to: 132 Nassau Street, #
922, New York NY 10038. POSTMASTER: Send change of address to: NATIONAL LAWYERs GUILD REVIEW,
132 Nassau Street, # 922, New York NY 10038. Address all editorial correspondence and law-related poems,
criticisms, articles and essays to: Editor-in-Chief, NATIONAL LAWYERs GUILD REVIEW, 132 Nassau Street, #
922, New York NY 10038. Unsolicited manuscripts will not be returned unless accompanied by return post-
age. NATIONAL LAWYERs GUILD REVIEW is indexed/abstracted in Westlaw, PAIS-Public Affairs Information
Service, The Left Index, and the Alternative Press Index.
EDITORIAL BOARD: Meredith O'Harris, Editor-in-Chief; Traci Yoder, Executive Editor; Crystal Ab-
bey, Managing Editor; Nathan Goetting, Articles Editor; Kathleen Johnson, Notes Editor; Debo-
rah Willis, Layout Editor, Cece McGuire, Layout Editor; Tasha Moro, National Office Liaison.
Contributing Editors: Trey Barnett, Alan Clarke, Marjorie Cohn, Michael Drake, David Gespass, Ann Fagan
Ginger, Harold McDougall, Paul Von Blum, Henry Willis, Pooja Gehi. The opinions expressed in the articles
are those of the various authors, and each article is Copyright, 2019, by the author and by NATIONAL LAWYERS
GUILD REVIEW.
ADVISORY PANEL: Elvia Arriola, John Brittain, Margaret Burnham, Erwin Chemerinsky, David Cole, Barbara
Dudley, Richard Falk, Lennox Hinds, Sylvia A. Law, Staughton Lynd, Ruben Remigio Ferro, Jitendra
Sharma, Kenji Urata, Frank Valdes, Patricia Williams.

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