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Full-Text Articles in Legal History
Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler
Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler
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This Essay examines America's death penalty forty years after Furman and provides a critique of the Supreme Court's existing Eighth Amendment case law. Part I briefly summarizes how the Court, to date, has approached death sentences, while Part II highlights the incongruous manner in which the Cruel and Unusual Punishments Clause has been read. For instance, Justice Antonin Scalia-one of the Court's most vocal proponents of "originalism" conceded that corporal punishments such as handbranding and public flogging are no longer constitutionally permissible; yet, he (and the Court itself) continues to allow death sentences to be imposed. The American Bar Association …
Of Icebergs And Glaciers: The Submerged Constitution Of American Healthcare, Theodore Ruger
Of Icebergs And Glaciers: The Submerged Constitution Of American Healthcare, Theodore Ruger
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No abstract provided.
Prospective Advice And Consent, Jean Galbraith
Prospective Advice And Consent, Jean Galbraith
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No abstract provided.
American Legal History Survey: Syllabus, Anders Walker
American Legal History Survey: Syllabus, Anders Walker
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This syllabus provides an overview of American Legal History, focusing on the manner in which law has been used to organize American society. Several themes will be traced through the semester, including law’s role in encouraging innovation and regulating social relations, in part through the elaboration of legal disciplines like property, tort, contract, criminal law, tax, business associations, administrative law, environmental law, securities regulation, commercial law, immigration, and health law. Emphasis will also be placed on the origins and evolution of constitutional law, from the founding to the present.