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Full-Text Articles in Law
"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon
"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon
Articles & Chapters
One of the open secrets of death penalty law and policy is the astonishingly high percentage of individuals on death row with serious mental disabilities. This is well known to lawyers who represent this cohort (and presumably, equally well known to the district attorneys who nevertheless prosecute them and the judges who try and sentence them), but is not generally discussed in the press nor, certainly, in political discourse. In the aggregate, this is far beneath society’s radar.
It is now over 14 years since the US Supreme Court decided a case that clarified the underlying issues. In Panetti v. …
A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker
A Poster Child For Us (Symposium: The Effects Of Capital Punishment On The Administration Of Justice), Robert Blecker
Articles & Chapters
No abstract provided.
If I Implore You And Order You To Set Me Free, Robert Blecker
If I Implore You And Order You To Set Me Free, Robert Blecker
Articles & Chapters
When Odysseus ordered his men to put wax in their ears, bind him to the mast and keep rowing until they passed the Sirens, no matter what he might later command, and then, in the throes of passion, attempted to countermand his earlier command, there, then, Constitutionalism was born in the West. We are perpetually challenged at rational moments to keep future passions in check, so when the future becomes the present, we can survive it without regret.
This brief essay summarily employs the metaphor to account for constitutional rights, long and fixed senatorial terms, life-time judicial tenure, judicial review, …
Rethinking The Death Penalty: Can We Define Who Deserves Death?, Martin Leahy, Robert Blecker, William M. Erlbaum, Jeffrey Fagan, Norman Greene, Jeffrey Kirchmeier, David Von Drehle
Rethinking The Death Penalty: Can We Define Who Deserves Death?, Martin Leahy, Robert Blecker, William M. Erlbaum, Jeffrey Fagan, Norman Greene, Jeffrey Kirchmeier, David Von Drehle
Articles & Chapters
No abstract provided.