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Criminal Law

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SelectedWorks

2009

Constitutional Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Fact Suppression And The Subversion Of Capital Punishment: What Death Penalty Foes On The Supreme Court And In The Media Do Not Want The Public To Know, Lester --- Jackson Jan 2009

Fact Suppression And The Subversion Of Capital Punishment: What Death Penalty Foes On The Supreme Court And In The Media Do Not Want The Public To Know, Lester --- Jackson

LESTER JACKSON

The U.S. Supreme Court and other courts, aided by the media in suppressing critical information about case facts and case law, have all but abolished capital punishment, turning what's left into a costly and agonizing farce. While pretending to superlative morality, dishonesty, especially half-truth, is central to their cause. An egregious example was Roger Coleman, widely but with knowing falsity portrayed as a choir boy executed because heartless judges impatiently refused to hear evidence of his innocence. Going further, in myriad cases, death sentences are reversed or banned when guilt is not even disputed. This is achieved by focusing upon …


Heller’S Constitutional Dialogue: How The Supreme Court’S Choice Of Language In District Of Columbia V. Heller Is Instructive For Anticipating Future Interpretations Of The Second Amendment., Jason E. Niehaus Jan 2009

Heller’S Constitutional Dialogue: How The Supreme Court’S Choice Of Language In District Of Columbia V. Heller Is Instructive For Anticipating Future Interpretations Of The Second Amendment., Jason E. Niehaus

Jason E Niehaus

This article was an analysis of the language used by the Supreme Court in its decision in District of Columbia v. Heller to predict (ultimately correctly) the Court's later ruling regarding the Incorporation of the Second Amendment.


Cumulative Jurisprudence And Hate Speech: Sexual Orientation And Analogies To Disability, Age And Obesity, Eric Heinze Jan 2009

Cumulative Jurisprudence And Hate Speech: Sexual Orientation And Analogies To Disability, Age And Obesity, Eric Heinze

Prof. Eric Heinze, Queen Mary University of London

Non-discrimination norms in human rights instruments generally enumerate specified categories for protection, such as race, ethnicity, sex or religion, etc. They often omit express reference to sexual minorities.

Through open-ended interpretation, however, sexual minorities subsequently become incorporated. That ‘cumulative jurisprudence’ yields protections for sexual minorities through norms governing privacy, employment, age of consent, or freedoms of speech and association.

Hate speech bans, too, are often formulated with reference to traditionally recognised categories, particularly race and religion. It might be expected that the same cumulative jurisprudence should therefore be applied to include sexual minorities. In this article, that approach is challenged. …