Current Issue

Editor’s Preface: Vol. 75 No. 3 (Fall/Winter 2018)

Meredith Osborne   For generations, National Lawyers Guild members have fought against the glaringly racist use of the death penalty as a form of state-sanctioned murder. The Guild has long recognized that capital punishment is nothing more than a form of state sanctioned murder. Yet, despite the myriad moral, constitutional, financial, and practical argu­ments against [...]

Counter-Revolutionary: Liberalism, Capital Punishment, and the Next Step Forward

Jason G. Tiplitz, J.D. Candidate, 2019 Texas A&M University School of Law   Capital punishment is predicated in part on the notion that collective, utili­tarian justice, as embodied in the state, should supersede individual rights. The tension between the greater good and our instinctive understanding of the rights of the individual is a problem for [...]

Davila v. Davis, Brady, and the Future of Procedural Default Doctrine in Federal Habeas Corpus

Ian D. Eppler: J.D. Candidate, Class of 2019, Harvard Law School. Thanks are due to Professor Carol Steiker for her guidance and insight in drafting this article, and to the staff of the National Lawyers Guild Review for their thoughtful comments. All errors are my own.   Introduction The writ of habeas corpus—the so-called “great [...]

The Struggle Against the Death Penalty Moves Forward in Washington State: Reflections on State v. Gregory

Neil M. Fox is a criminal defense lawyer in Seattle, Washington. Along with Lila J. Silverstein, he was counsel of record for the appellant in State v. Gregory, 427 P.3d 621 (Wash. 2018).   Introduction My paternal grandfather came from what is now Belarus, a small country that used to be in the former USSR, [...]