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Full-Text Articles in Law

Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt Aug 1987

Disorder In The Court: The Death Penalty And The Constitution, Robert A. Burt

Michigan Law Review

This article has two purposes. Its first aim is to trace the significance of these shifting characterizations of American society in the Justices' successive approaches to the death penalty by retelling the story of the Court's capital punishment jurisprudence. Its second purpose is to suggest that belief in implacable social hostility destroys the coherence of the judicial role in constitutional adjudication. America may indeed be an irreconcilably polarized society; I cannot dispositively prove or disprove the proposition. I mean only to claim that in constitutional adjudication a judge is obliged to act as if this proposition were false; and, moreover, …


Hedonic Damages In Section 1983 Actions: A Remedy For The Unconstitutional Deprivation Of Life Jan 1987

Hedonic Damages In Section 1983 Actions: A Remedy For The Unconstitutional Deprivation Of Life

Washington and Lee Law Review

No abstract provided.