Westerfield Fellow Adam Lamparello drafted an Article in the Maine Law Review which argued for new standards governing the representation of attorneys at the sentencing phases of capital trials. In essence, the Article proposes a framework by which attorneys will be required to investigate the defendant's background to uncover all mitigating evidence that may impact their culpability determination at the sentencing phase of the capital trial. He also authored an article with the Nebraska Law Review which argued for a new method of Constitutional interpretation -- namely, a more incrementalist approach to deciding matters of public policy that gives deference to state legislative prerogatives before rendering decisions that usurp the democratic process as envisaged by the Constitution.
Coming this fall Lamparello will author an Article in the Columbia Human Rights Law Review, which deals with current findings in the field of cognitive neuroscience. In essence, the article argued that neuro-scientific evidence, particularly in the area of the frontal lobe and pre-frontal cortex, is demonstrating that brain-damaged individuals often have difficulties with impulse control, reasoning, judgment, and an ability to comport their actions to the requirements of the criminal law. These studies can therefore have implications to the most basic assumptions that underlie our system of justice, such as free will, moral agency, culpability, retributivism, and sentencing.
Lamparello is also preparing for publication a symposium article with the Houston Journal of Health Law and Policy which sets forth model Statutory Scheme tha imports the ideas and suggestions that I made in my article in the Columbia Human Rights Law Review. Basically, he created a Model Statute, stating that inmates that have certain brain disorders, namely, pre-frontal lobe disorder and amygdalar damage, may potentially be subject to involuntary confinement post-sentence it is determined that they are at high-risk for engaging in similar crimes of violence. Of course, the statute addresses in great detail the many constitutional issues that such a statute would engender.