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Full-Text Articles in Law
The Class Action Fairness Act In Perspective: The Old And The New In Federal Jurisdictional Reform, Edward A. Purcell Jr.
The Class Action Fairness Act In Perspective: The Old And The New In Federal Jurisdictional Reform, Edward A. Purcell Jr.
Articles & Chapters
The Class Action Fairness Act of 2005 (CAFA) was the product of an extended and well-organized political campaign. In Congress, its passage required a grinding eight-year effort, several modifications to the original proposal, numerous committee hearings, multiple reports by both Houses, political compromises that drew some Democratic support, two unsuccessful attempts to terminate debate in the Senate by imposing cloture, and strenuous efforts to amend in both the House and Senate when the bill came to the floor for a final vote. Passage also required Republican control of both Houses of Congress and the presidency as well.
Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker
Killing Them Softly: Meditations On A Painful Punishment Of Death, Robert I. Blecker
Articles & Chapters
This brief essay argues that any attempt by the U.S. Supreme Court and others to establish a painless punishment, especially lethal injection, fails logically and morally.
From the beginning, by definition, etymologically and existentially, “punishment” and “pain” have been inseparably connected. Those who advocate ‘painless punishment’ call for contradiction. Whether looking to the future (utilitarians) or the past (retributivists), we once clearly understood and embraced the inseparable connection between punishment and pain. Gradually, however, punishment has morphed into something which denies its own nature, culminating in today's move toward a massive dose of anesthetic as the ultimate punishment - as …