Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
Following The Yellow Brick Road Of Evolving Standards Of Decency: The Ironic Consequences Of Death-Is-Different Jurisprudence, William W. Berry, Iii
Following The Yellow Brick Road Of Evolving Standards Of Decency: The Ironic Consequences Of Death-Is-Different Jurisprudence, William W. Berry, Iii
Pace Law Review
No abstract provided.
Furman'S Mythical Mandate, Scott W. Howe
Furman'S Mythical Mandate, Scott W. Howe
University of Michigan Journal of Law Reform
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencing trials under the Eighth Amendment. Many legal commentators, both liberal and conservative, including several members of the Supreme Court, have concluded that the Court's regulation of capital sentencing trials is a disaster. The repeated criticisms rest on a commonly accepted view about a principal goal of capital sentencing regulation. The prevailing account, fueled by the rhetoric of the Justices, stems from the notion that Furman v. Georgia, 408 U.S. 208 (1972), revealed a mandate of consistency in the use of the death penalty that …
Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It?, Joseph E. Fahey
Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It?, Joseph E. Fahey
Pace Law Review
No abstract provided.
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Does Stare Decisis Apply In The Eighth Amendment Death Penalty Context, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
Throughout the past few decades, the Supreme Court has steadily chipped away at the death penalty. It was only recently, however, that courts have confronted what role precedent plays in the Eighth Amendment death penalty context. Surprisingly, few scholars have yet explored this important and complicated issue. Precedent in this area is unique because the law of the Eighth Amendment is always changing and the Eighth Amendment has been interpreted to be applied more broadly in the death penalty context. This Article argues that precedent in the Eighth Amendment death penalty context does not apply in the typical fashion. Instead …