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Kennedy, Kennedy, And The Eighth Amendment: "Still In Search Of A Unifying Principle"?, Susan Raeker-Jordan
Kennedy, Kennedy, And The Eighth Amendment: "Still In Search Of A Unifying Principle"?, Susan Raeker-Jordan
Susan Raeker-Jordan
In Kennedy v. Louisiana, the United States Supreme Court held unconstitutional a state law that provided for the imposition of death upon one convicted of raping, but not killing or attempting to kill, a child. Justice Anthony Kennedy wrote the opinion for the Court, in which the majority, employing various analytical tools, brought its “own judgment” to bear on the excessiveness, and therefore the constitutionality, of the death sentence under the Eighth Amendment’s Cruel and Unusual Punishments Clause. In emphasizing the Court’s use of its own judgment in making the determination of excessiveness or disproportionality, Justice Kennedy and the majority …
A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan
A Study In Judicial Sleight Of Hand: Did Geier V. American Honda Motor Co. Eradicate The Presumption Against Preemption?, Susan Raeker-Jordan
Susan Raeker-Jordan
No abstract provided.
The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan
The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan
Susan Raeker-Jordan
No abstract provided.