Alex Klein

What to Know About Clerking on a State Supreme Court Judges from high courts across the country share insights for law students and recent graduates.

Are you a law student or recent graduate looking for clerkship opportunities?

State Court Report is hosting a free virtual event on everything you need to know about clerking on a state supreme court. Judges from high courts across the country will share insights. RSVP today:

So yesterday the high was around 80….

Congratulations!!

Yes!!! Governor Ivey has removed Sonny Burton from death row. Thanks so much to all the Undisclosed listeners & everyone else who reached out to the Governor!

When I started as a VAP at W&L, Doug Rendleman went out of his way to make me feel welcome as a new member of the faculty. In addition to being an exceptionally good teacher and productive scholar, he was remarkably kind. It was such a privilege to have been his student and his colleague.

W&L Law is hosting a writing retreat! Details in my colleague's post below. This year's retreat will focus on private law topics. Submissions are due by March 15.

Tonight’s movie was My Cousin Vinny. 11yo now wants to be Vincent LaGuardia Gambini for Halloween.

On the advice of Klonsel: A look under the hood of an Alabama injustice Rocky Myers, a Black man, was sentenced to death after being represented at trial by John Mays, a court-appointed attorney long affiliated with the Ku Klux Klan.

Rocky Myers, a Black man accused of murdering a white woman in Alabama, was represented at trial by a Klan lawyer named John Mays. He had no idea. 30 years later, he's still behind bars. Please take a moment to read and share. www.treadbylee.com/p/klonsel

I am thrilled that my latest article, The Dirty Work of Executioners is forthcoming in the UC Irvine Law Review! The acknowledgment footnote here is long—so many people encouraged and inspired me, and asked me hard questions that made my work better. Draft coming soon to SSRN…

Margot Tennenbaum, obviously.

She Came Out of the Bathroom Naked, Employee Says Bank details, sex and naked people who seem unaware they are being recorded. Behind Meta’s new smart glasses lies a hidden workforce, uneasy about peering into the most intimate parts of other people’...

“The workers in Kenya say that it feels uncomfortable to go to work. They tell us about deeply private video clips, which appear to come straight out of Western homes, from people who use the glasses in their everyday lives.
Several describe video material showing bathroom visits, sex…”

Professor Lain's book should absolutely be required reading for legislative decisions about capital punishment and execution practices. It's an infinitely better source than almost anything legislators have based execution method decisions on.

I'm hopeful that WV will realize that reinstating the death penalty is a terrible idea, but the notion that methods of execution have to be based on evidence-based scientific research illustrates just how little legislators understand about execution practices. 8/8

Legislators barely do research when adopting methods of execution. The report OK used to adopt nitrogen had limited evidence and was written by people without appropriate credentials in medicine or chemistry. Alabama had no idea what would happen when it started using nitrogen to execute people. 7/x

Medical studies of drugs used in lethal injection assess therapeutic doses--not execution doses. On the other hand, emphasis on evidence-based scientific research might require a DOC to actually do its homework and consider things like the functionality of drugs and ceiling effects. 6/x

Anyone who knows anything about executions should see the problem. Execution practices in the United States absolutely do not involve anything close to "evidence-based scientific research." They are highly experimental and are frequently the product of guesswork. 5/x

Here, however, is what's really interesting. "The method of execution shall comply with both the United States and West Virginia Constitution and shall be carried out according to current evidence-based scientific research, including but not limited to, lethal injection or firing squad." 4/x

This mandate is pretty general, although requiring rule promulgation is more specific than some jurisdictions.
The rules must at a minimum provide for the carrying out of a death sentence within the walls of a WV correctional facility under the direction of WV corrections officials. 3/x

Something in the proposed bill caught my eye however. It doesn't identify a method of execution. It does direct the WVA DOC to "propose rules for legislative approval" and "promulgate emergency rules" to adopt the procedures needed to carry out a sentence of death. 2/x

West Virginia legislators have proposed reinstating the death penalty. There are a number of possible problems in the proposed bill and frankly, West Virginia really does not have the resources to allocate to capital punishment. They abolished it in 1965 and have been doing fine without it. 1/x

The first SCOTUS decision is Villarreal v. Texas, siding with the state in a right to counsel case OK'ing an order limiting midtestimony overnight discussion between defendant and counsel. Jackson has the opinion for the court. www.supremecourt.gov/opinions/25p...

W&L Law is seeking visiting faculty for the upcoming academic year, primarily for torts & corporate law courses (especially BA), though we may have other needs!

Leaked Email Suggests Ring Plans to Expand ‘Search Party’ Surveillance Beyond Dogs Ring's CEO told staff the feature is “first for finding dogs,” indicating a plan to expand.

Scoop: Ring's CEO told staff Search Party is not going to be just for dogs, according to a leaked email I obtained. Said it is "first for finding dogs" before suggesting it would be expanded to be used for crime:

www.404media.co/leaked-email...

BREAKING: Judge Timothy Kelly, a Trump appointee, blocks the Trump admin's efforts to transfer people whose death sentences Biden commuted to the "most restrictive prison in the federal system" (ADX Florence) — regardless of individualized assessments — during litigation.

Congratulations!!

Denno on the Cruelty of Execution Methods Deborah W. Denno (Fordham University School of Law) has posted Why Are Executions Becoming Crueler? on SSRN. Here is the abstract: Since the modern death penalty era, this country’s six execution methods have become crueler over time. This article details the execution procedures adopted across death penalty states up to the end of 2025, analyzing their societal and cultural underpinnings and explaining how they were implemented, including their shared flaws, unscientific origins and protocols, and reliance on untrained, unqualified, or unknown executioners.

Denno on the Cruelty of Execution Methods

Deborah W. Denno (Fordham University School of Law) has posted Why Are Executions Becoming Crueler? on SSRN. Here is the abstract: Since the modern death penalty era, this country’s six execution methods have become crueler over time. This article details…

This was so much fun to read. Highly recommend!

Take control of your mind. Start thinking for free!

See and read the full comic on penny-arcade.com !
#AISlop #WriteForFree #ThinkForYourself #AIisAGrift #comedy #foryou

One of the most troubling ethical issues for me is the notion that deadbots can serve as a reasonable substitute for a deceased person in any capacity. They cannot, because they are not.This technology is weaponizing and manipulating grieving people in the hope of seeing profits one day. It's cruel.

Saturday reading: The Deserving, by Elizabeth Vartkessian. I’m scheduled to teach mitigation in my Death Penalty class next week, so a new book about mitigation investigations is a fantastic resource for my students.