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Full-Text Articles in Law

Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson Jul 2013

Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson

Michael P. Johnson

Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the Double …


Death Watch: Change, Redemption Do Exist, David Bruck Jun 2013

Death Watch: Change, Redemption Do Exist, David Bruck

David I. Bruck

No abstract provided.


Original Habeas Redux, Lee B. Kovarsky Feb 2010

Original Habeas Redux, Lee B. Kovarsky

Lee Kovarsky

In "Original Habeas Redux," I map the modern dimensions of the Supreme Court’s most exotic jurisdiction—the original habeas writ. The Court has not issued such relief since 1925 and, until recently, had not ordered a case transferred pursuant to that authority in over fifty years. In August 2009, by transferring a capital prisoner’s original habeas petition to a federal district court rather than dismissing it outright, In re Davis abruptly thrust this obscure power back into mainstream legal debate over both the death penalty and the Supreme Court’s appellate jurisdiction. Scrambling to understand how the authority has evolved since its …


In Search Of A Theory Of Deference: The Eighth Amendment, Democratic Pedigree, And Constitutional Decisionmaking, Eric Berger Feb 2010

In Search Of A Theory Of Deference: The Eighth Amendment, Democratic Pedigree, And Constitutional Decisionmaking, Eric Berger

Eric Berger

The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional doctrine. In Baze v. Rees and Kennedy v. Louisiana, the Court approached the challenged state policies with vastly different levels of deference. Though the Court purported to apply longstanding Eighth Amendment tests in both cases, Baze was highly deferential to state policy, and Kennedy was not deferential at all. Remarkably, neither the Court nor legal scholars have acknowledged, let alone justified, these contrasting approaches. This article proposes a theory of deference to address this discrepancy. Courts …


Death Is Different, But Not Really, Corinna Barrett Lain Mar 2009

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 …


The Road Not Considered, Robert Blecker Jul 2007

The Road Not Considered, Robert Blecker

robert blecker

“The Road Not Considered” suggests a morally refined death penalty statute as an alternative to abolition or keeping New Jersey’s presently flawed legislation.


Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead Jan 2007

Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead

O. Carter Snead

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and in the public square, the contours of a project to transform capital sentencing both in principle and practice have emerged. In the short term, such scientists seek to intervene in the process of capital sentencing by serving as mitigation experts for defendants, where they invoke neuroimaging research on the roots of criminal violence to support their arguments. Over …


A Rarefied Kind Of Dread, David Bruck Dec 2002

A Rarefied Kind Of Dread, David Bruck

David I. Bruck

No abstract provided.


Capital Punishment In The Age Of Terrorism, David Bruck Dec 2001

Capital Punishment In The Age Of Terrorism, David Bruck

David I. Bruck

No abstract provided.


Keynote Address: Political And Social Misconception Fueling The Death Penalty, David Bruck Dec 1995

Keynote Address: Political And Social Misconception Fueling The Death Penalty, David Bruck

David I. Bruck

No abstract provided.


On Death Row In Pretoria Central: Capital Punishment In South Africa. It's Not All That Different, David Bruck Jul 1987

On Death Row In Pretoria Central: Capital Punishment In South Africa. It's Not All That Different, David Bruck

David I. Bruck

No abstract provided.


Is The Death Penalty Only For Killers Of Whites?, David Bruck Oct 1986

Is The Death Penalty Only For Killers Of Whites?, David Bruck

David I. Bruck

No abstract provided.


Executing Teen Killers Again, David Bruck Sep 1985

Executing Teen Killers Again, David Bruck

David I. Bruck

No abstract provided.


The Death Penalty: An Exchange, David Bruck May 1985

The Death Penalty: An Exchange, David Bruck

David I. Bruck

No abstract provided.


Executing Juveniles For Crime, David Bruck Jun 1984

Executing Juveniles For Crime, David Bruck

David I. Bruck

No abstract provided.


Decisions Of Death, David Bruck Dec 1983

Decisions Of Death, David Bruck

David I. Bruck

No abstract provided.


The Four Men Strom Thurmond Sent To The Chair, David Bruck Apr 1981

The Four Men Strom Thurmond Sent To The Chair, David Bruck

David I. Bruck

No abstract provided.