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Articles 91 - 92 of 92
Full-Text Articles in Law
Portioning Punishment: Constitutional Limits On Successive And Excessive Penalties, Nancy J. King
Portioning Punishment: Constitutional Limits On Successive And Excessive Penalties, Nancy J. King
Vanderbilt Law School Faculty Publications
There has been a remarkable increase during the last decade in the imposition of overlapping civil, administrative, and criminal sanctions for the same misconduct, as well as a steady rise in the severity of those sanctions. In response, defendants have balked, arguing that legislators and the juries, judges, prosecutors, and regulators who apply legislatively authorized sanctions have overstepped the bounds of punishment permitted by the Constitution. Claiming that their penalties violate the Double Jeopardy, Due Process, Excessive Fines, and Cruel and Unusual Punishments Clauses in the Bill of Rights, civil and criminal defendants are prompting courts to reevaluate constitutional limits …
Progressive Regression, Suzanna Sherry
Progressive Regression, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Robin West has written a book that every constitutional scholar would like to like. In Progressive Constitutionalism, she promises us a new and historically accurate interpretation of the Fourteenth Amendment that will deliver us from the quagmire of fruitless debate between the far left and the far right, and provide a constitutional solution to some of today's most important disputes. She also explains why this interpretation is inherently difficult for the judicial branch to recognize, and thus recommends that progressives turn to Congress instead. West's past contributions to constitutional jurisprudence have been impressive, creating in her readers high expectations for …