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Qualitative And Quantitative Proportionality - A Specific Critique Of Retributivism, John D. Castiglione
Qualitative And Quantitative Proportionality - A Specific Critique Of Retributivism, John D. Castiglione
John D. Castiglione
This Article presents a normative model of proportionality review under the Cruel and Unusual Punishments Clause. I divide proportionality into two organizing concepts: “qualitative proportionality,” which concerns the methods used to punish the individual and the conditions under which he serves his sentence, and “quantitative proportionality,” which concerns the temporal length of the sentence imposed. I argue that the Cruel and Unusual Punishments Clause is best understood to mandate review of the qualitative proportionality of the sentence, but not the quantitative proportionality of the punishment. The most significant feature of this model is an appreciation for the role of human …
Human Dignity Under The Fourth Amendment, John D. Castiglione
Human Dignity Under The Fourth Amendment, John D. Castiglione
John D. Castiglione
This article adapts for reprint "Human Dignity Under the Fourth Amendment," originally published in the Wisconsin Law Review (2008).
Human Dignity Under The Fourth Amendment, John D. Castiglione
Human Dignity Under The Fourth Amendment, John D. Castiglione
John D. Castiglione
Fourth Amendment "reasonableness" jurisprudence as currently constituted is incapable of providing consistent decisions reflective of the underlying philosophical and moral structure of the Constitution. Increasingly, courts have allowed reasonableness analysis to devolve into little more than an awkward balancing exercise between the needs of law enforcement and the interests of "privacy." Upon initial consideration, this seems appropriate; the Fourth Amendment has been long been understood as a bulwark against unreasonable privacy invasions in the course of law enforcement. This understanding is, however, incomplete. As courts have moved towards an almost exclusive focus on privacy as the counter-balance to the government's …
Sign Here, Please: The First Amendment Implications Of Requiring Loyalty Oaths For Admission To Political Events, John D. Castiglione
Sign Here, Please: The First Amendment Implications Of Requiring Loyalty Oaths For Admission To Political Events, John D. Castiglione
John D. Castiglione
The 2003-2004 presidential election cycle was the first to be significantly affected by a number of new forms of campaigning. Internet fundraising, blog journalism, and 527 organizations all burst onto the scene. Yet it was the most traditional method, the campaign rally, that gave rise to one of the most controversial events of the election season - requiring loyalty oaths for admission. This Note focuses on the constitutionality of requiring a loyalty oath for admission to an ostensibly privately-organized campaign event attended by a high-ranking public official like the President or Vice-President of the United States, or other major party …