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Full-Text Articles in Social and Behavioral Sciences
An Arbitrary Death? Capital Punishment And The Supreme Court, Truman Braslaw
An Arbitrary Death? Capital Punishment And The Supreme Court, Truman Braslaw
Honors Papers
In the 1970s and 1980s, the Supreme Court decided three landmark cases on death penalty laws in the United States. While adjudicating these cases, the Court sought to address one of the central questions regarding capital punishment: can it be applied fairly? My paper attempts to understand how the Court found an answer to this question. I employ complementary frameworks of constitutional interpretation, formalism, and realism to suggest that the Court's focus on judicial restraint and its weak understanding of race and discrimination led it to conclude that capital punishment can be applied "fairly enough" for our constitutional system.
Liberal And Conservative Jurisprudence On The Contemporary Supreme Court: An Analysis Of Substantive Due Process Interpretation, Nell Peyser
Honors Papers
My goal is to look at four Supreme Court cases- DeShaney v. Winnebago County (1989), Michael H. v. Gerald D. (1989), Roe v. Wade (1973), and Lawrence v. Texas (2003)- to see how the differences in the levels of generality between liberal and conservative justices actually manifest themselves in their respective opinions. I focus on methodological patterns in the liberal opinions in search of a more coherent liberal jurisprudence. This stems from establishing more definitive guidelines for how best find the level of generality that will maximize the ability to legally justify rights expansion. I end my discussion by applying …