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Environmental Law

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Selected Works

2005

Constitutional Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson Jan 2005

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …


Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author) Dec 2004

Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)

Shubhankar Dam

The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of acti­vism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the funda­mental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …