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Full-Text Articles in Law
The Whim Of Twelve Is Cloaked In Racial Prejudice: Why Inherent Racial Discrimination In The Capital Punishment System Requires That Maryland's Legislature Enact A Fairness In Death Sentencing Act, Matthew E. Feinberg
Matthew E Feinberg
At sentencing in a capital case, “[p]eople live or die, dependent on the whim of one man or of [twelve,]” and “where responsibility is divided by twelve, it is easy to say: ‘Away with him.’" Although judges, practitioners, and academics hope for a fair and reliable penalty, since the 1970s, the prospect of racial discrimination in capital punishment has had a very real impact on the criminal justice system. Throughout the country, Caucasian and African American criminals are being treated differently in death sentencing simply because of the color of their skin. “[I]n the face of science, in the face …
The Colonel's Finest Campaign: Robert R. Mccormick And Near V. Minnesota, Eric B. Easton
The Colonel's Finest Campaign: Robert R. Mccormick And Near V. Minnesota, Eric B. Easton
Eric B Easton
This paper documents the collaboration between The Chicago Tribune’s Robert McCormick and attorney Weymouth Kirkland to mobilize the press to carry Near v. Minnesota to the Supreme Court. In an earlier paper, I demonstrated how the press acts as “strategic litigator” to shape the legal environment in which reporters and editors practice their craft. The collaboration discussed in this article established the precedent for monitoring litigation that implicates First Amendment values and deciding whether, when, and how to intervene.
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
Kenneth Lasson
Today that form of historical revisionism popularly called “Holocaust denial” abounds worldwide in all its full foul flourish – disseminated not only on Arab streets but in American university newspapers, not only in books, articles, and speeches but in mosques and over the Internet. Can we reject spurious revisionism, or punish purposeful expressions of hatred, and still pay homage to the liberty of thought ennobled by the First Amendment? Are some conflicts between freedom of expression and civility as insoluble as they are inevitable? Can history ever be proven as Truth? This article attempts to answer those questions. Part I …