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Full-Text Articles in Law
Boumediene V. Bush And The New Common Law Of Habeas, Baher Azmy
Boumediene V. Bush And The New Common Law Of Habeas, Baher Azmy
Baher Azmy
In Boumediene v. Bush, the Supreme Court issued yet another sharp rebuke of the Bush Administration’s wartime detention practices. In ruling that the protections of the Suspension Clause reach extraterritorially to Guantanamo (and perhaps beyond) and striking down the jurisdiction-stripping provision of the Military Commissions Act of 2006, the Court went significantly farther than had the triad of prior enemy combatant cases – Hamdi v. Rumsfeld, Rasul v. Bush and Hamdan v. Rumsfeld. Indeed, for the first time in its history, the Court invalidated the collaborative efforts of the political branches during wartime.
In so doing, Boumediene elevated the judiciary …
Killing Capital Punishment In New Jersey: The First State In Modern History To Repeal Its Death Penalty Statute., Robert J. Martin
Killing Capital Punishment In New Jersey: The First State In Modern History To Repeal Its Death Penalty Statute., Robert J. Martin
Robert J. Martin
This article examines how opponents of the death penalty were successful in lobbying and eventually achieving statutory repeal of New Jersey’s death penalty statute in December 2007. The primary goal of the article is to offer inspiration and guidance for similar efforts in the thirty-five states that still authorize capital punishment. In reviewing lessons learned from New Jersey, the article demonstrates that abolition proved both difficult and doubtful. Led by a small group of organizers and sympathetic legislators, the advocates of abolition faced multiple challenges. The article focuses special attention on their key strategic decisions: pursuit of both legislation and …
The Bridge Connecting Pontius Pilate's Sentencing Of Jesus To The New Jersey Death Penalty Study Commission's Concerns Over Executing The Innocent: When Human Beings With Human Flaws Determine Guilt Or Innocence And Life Or Death, James B. Johnston
James B Johnston
No abstract provided.