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The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
Faculty Scholarship
Seldom, if ever, have the power and the purposes of legislation been rendered so impotent.... All that is left today are afew scattered remnants of a once grandiose scheme to nationalize the fundamental rights of the individual.
These words were written fifty years ago by Eugene Gressman, now William Rand Kenan, Jr. Professor Emeritus, University of North Carolina School of Law, as a description of what the courts, primarily the Supreme Court of the United States, had done with the civil rights legislation passed by Congress in the wake of the Civil War. Professor Gressman's article, The Unhappy History of …
When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno
When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno
Faculty Scholarship
This article discusses the paradoxical motivations and problems behind legislative changes from one method of execution to the next, and particularly moves from electrocution to lethal injection. This article first examines the constitutionality of electrocution, contending that a modern Eighth Amendment analysis of a range of factors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstrating that injection also involves unnecessary pain, the risk of such pain, and a loss of dignity. The article next presents the author's study of the most current protocols …
A Word-And-Flesh Profession: A Response To White And Brueggemann, Marie Failinger
A Word-And-Flesh Profession: A Response To White And Brueggemann, Marie Failinger
Faculty Scholarship
Speech remakes the world through a relationship among words, speaker, and hearer. On one hand, this view of the human encounter as essentially rhetorical precludes an understanding of speech as purely subjectivist or emotivist self-expression. On the other hand, this same view of human speech interaction precludes the understanding of speech acts as mere descriptions of previously discovered or reasoned truth, either empirical or abstract. Professor White reaffirms this triad among words, speaker, and hearer with what he has identified as the “deeply reciprocal” dynamic of language. Professor Brueggemann also describes the speech acts between Moses, Abraham, and their God …
Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young
Protecting Member State Autonomy In The European Union: Some Cautionary Tales From American Federalism, Ernest A. Young
Faculty Scholarship
The European Union's ongoing "Convention on the Future of Europe" must tackle a fundamental issue of federalism: the balance between central authority and Member State autonomy. In this article, Ernest Young explores two strategies for protecting federalism in America - imposing substantive limits on central power and relying on political and procedural safeguards - and considers their prospects in Europe. American experience suggests that European attempts to limit central power by enumerating substantive "competencies" for Union institutions are unlikely to hold up, and that other substantive strategies such as the concept of "subsidiarity" tend to work best as political imperatives …