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Full-Text Articles in Law
Death Is Different, But Not Really, Corinna Barrett Lain
Death Is Different, But Not Really, Corinna Barrett Lain
Corinna Lain
The Supreme Court’s landmark death penalty rulings over the past several years have renewed scholarly criticism of the Eighth Amendment’s “evolving standards of decency” doctrine, which invalidates a punishment when a national consensus has formed against it. Critics claim that it makes no sense for constitutional protection to follow majoritarian sentiment—particularly in the capital context, where death penalty politics make “tyranny of the majority” more than a theoretical concern. Defenders contend that while majoritarian constitutional protection may be problematic in general, Eighth Amendment protection is different; the text of the “cruel and unusual punishments” clause invites, if not requires, protection …
In A Dissenting Voice: Justice Ginsburg's Federalism, Russell Miller
In A Dissenting Voice: Justice Ginsburg's Federalism, Russell Miller
Russell A. Miller
No abstract provided.
The Geography Of Discrimination: The Seattle And Louisville Cases And The Legacy Of Brown V. Board Of Education, Robert Hayman
The Geography Of Discrimination: The Seattle And Louisville Cases And The Legacy Of Brown V. Board Of Education, Robert Hayman
Robert L. Hayman
No abstract provided.
Haunted By Brown, Robert Lipkin
Introduction, Robert Hayman, Leland Ware
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto A. Hernandez-Lopez
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto A. Hernandez-Lopez
Ernesto A. Hernandez
Commenting on the U.S. Supreme Court decision in Boumediene v. Bush (2008) and the U.S. occupation of the Naval Station at Guantanamo Bay, Cuba, this Article argues that anomaly on the base heavily influences "War on Terror" detention jurisprudence. Anomaly is created by agreements between the U.S. and Cuba in 1903 and 1934. They affirm that the U.S. lacks sovereignty over Guantanamo but retains "complete jurisdiction and control" for an indefinite period; while Cuba has "ultimate sovereignty." Gerald Neuman labels this an "anomalous zone" with fundamental legal rules locally suspended. The base was chosen as a detention center because of …