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Full-Text Articles in Law
Death, Desuetude, And Original Meaning, John F. Stinneford
Death, Desuetude, And Original Meaning, John F. Stinneford
William & Mary Law Review
One of the most common objections to originalism is that it cannot cope with cultural change. One of the most commonly invoked examples of this claimed weakness is the Cruel and Unusual Punishments Clause, whose original meaning would (it is argued) authorize barbaric punishment practices like flogging and branding, and disproportionate punishments like the death penalty for relatively minor offenses. This Article shows that this objection to originalism is inapt, at least with respect to the Cruel and Unusual punishments Clause. As I have shown in prior articles, the original meaning of “cruel and unusual” is “cruel and contrary to …
Release As Remedy For Excessive Punishment, Alexander A. Reinert
Release As Remedy For Excessive Punishment, Alexander A. Reinert
William & Mary Law Review
Although the Eighth Amendment’s prohibition on “cruel and unusual” punishment means different things in different contexts, it plainly forecloses state and federal actors from choosing ex ante to impose a punishment that is either disproportionate or inconsistent with minimum standards of decency. In other words, the Eighth Amendment mandates that no punishment be imposed if the only other choice on the table is an unconstitutional punishment. Although this principle can be gleaned from the disparate strands of Eighth Amendment jurisprudence, its remedial consequence has not been fully implemented. In this Article, I propose that providing a remedy of release from …
The "Dirty Little Secret": Why Class Actions Have Emerged As The Only Viable Option For Women Inmates Attempting To Satisfy The Subjective Prong Of The Eighth Amendment In Suits For Custodial Sexual Abuse, Amy Laderberg
William & Mary Law Review
No abstract provided.
Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno
Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno
William & Mary Law Review
No abstract provided.
Constitutional Law - Privileged Communications - Effect Of The Press Upon Grand Jury Investigations. Caldwell V. United States. 434 F.2d 1081 (9th Cir. 1970), Robert A. Holmes
Constitutional Law - Privileged Communications - Effect Of The Press Upon Grand Jury Investigations. Caldwell V. United States. 434 F.2d 1081 (9th Cir. 1970), Robert A. Holmes
William & Mary Law Review
No abstract provided.
Constitutional Law - Death Penalty As Cruel And Unusual Punishment For Rape. Ralph V. Warden. No. 13,757 (4th Cir., Dec. 11, 1970), Jeffrey L. Musman
Constitutional Law - Death Penalty As Cruel And Unusual Punishment For Rape. Ralph V. Warden. No. 13,757 (4th Cir., Dec. 11, 1970), Jeffrey L. Musman
William & Mary Law Review
No abstract provided.