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Constitutional Law

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Fordham Law School

Fordham Urban Law Journal

1998

Articles 1 - 2 of 2

Full-Text Articles in Law

Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields Jan 1998

Constitutional Challenges To New York State's Death Penalty Statute, John M. Shields

Fordham Urban Law Journal

New York State's death penalty statute is constitutionally flawed in many respects. It violates the state and federal prohibition against cruel and unusual punishment and provides unrestricted prosecutorial discretion to pursue the death penalty. This standardless and unfettered discretion creates the risk of arbitrary or discriminatory application of capital punishment.


Walking A Tightrope: Redrawing Congressional District Lines After Shaw V. Reno And Its Progeny, Donovan L. Wickline Jan 1998

Walking A Tightrope: Redrawing Congressional District Lines After Shaw V. Reno And Its Progeny, Donovan L. Wickline

Fordham Urban Law Journal

The Supreme Court's decision in Shaw V. Reno forbade the drawing of congressional district lines so that minorities would make up a larger percentage of the voting population. This note explores the tension between this ruling and the section of the Voting Rights Act requiring that minorities be fully represented within their congressional districts. It argues that the two rulings do not necessarily conflict. It concludes that the Court should clarify the meaning and role of "compactness" in redistricting and provide guideposts for legislators litigants, and courts involved in the reapportionment process.