Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Symposium Honoring The Advocacy, Scholarship, And Jurisprudence Of Justice Ruth Bader Ginsburg: Introduction, Katherine M. Franke
Symposium Honoring The Advocacy, Scholarship, And Jurisprudence Of Justice Ruth Bader Ginsburg: Introduction, Katherine M. Franke
Faculty Scholarship
I want to welcome back Justice Ginsburg to Columbia Law School. She has been a frequent visitor since her time here as a student in the late 1950s and again as a member of our faculty in the 1970s. I know she knows, but it is worth reiterating that she always has a home here at Columbia.
"Children Are Different": Constitutional Values And Justice Policy, Elizabeth S. Scott
"Children Are Different": Constitutional Values And Justice Policy, Elizabeth S. Scott
Faculty Scholarship
This essay explores the importance for Eighth Amendment jurisprudence and for juvenile crime regulation of Miller v. Alabama (2012) and two earlier Supreme Court opinions rejecting harsh sentences for juveniles. It argues that the Court has broken new ground in defining juveniles as a category of offenders who are subject to special Eighth Amendment protections. In Miller and in Graham v. Florida (2010) particularly, the Court has applied to juveniles' non-capital sentences the rigorous proportionality review that, for adults, has been reserved for death sentences. The essay then turns to the implications of the opinions for juvenile crime policy, arguing …