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Full-Text Articles in Law
Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber
Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber
William & Mary Bill of Rights Journal
Michael Gerhardt's latest book, The Federal Appointments Process, examines historically both the politics and procedures employed by the president and Congress in selecting, and ultimately appointing, judicial nominees. In this book review, Professor Christopher Eisgruber focuses on some of Gerhardt's most salient observations and illustrates the degree to which the historical trends Gerhardt describes impact current appointment practices.
The Death Penalty, Mandatory Prison Sentences, And The Eighth Amendment's Rule Against Cruel And Unusual Punishments, Jamie Cameron
The Death Penalty, Mandatory Prison Sentences, And The Eighth Amendment's Rule Against Cruel And Unusual Punishments, Jamie Cameron
Osgoode Hall Law Journal
The text of section 12 of the Canadian Charter of Rights and Freedoms and the Eighth Amendment to the United States Constitution prohibit cruel and unusual punishment in language that is similar but not identical. Still, in considering constitutional restrictions on punishment, the deviations of the Supreme Court both focus on the concept of gross disproportionality between the offence committed and the state’s response. Despite the appearance of similarity, this article maintains that differences in the American law of sentencing explain why Canada ought not follow or adopt the United States approach to minimum sentences.