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Full-Text Articles in Law
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt
Faculty Scholarship
Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.
Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …
Habeas Corpus And The Penalty Of Death, Michael E. Tigar
Habeas Corpus And The Penalty Of Death, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Ex Post Facto Judicial Clarification Of A Vague Aggravating Circumstance In A Capital Punishment Statute, Kenneth S. Gallant
Ex Post Facto Judicial Clarification Of A Vague Aggravating Circumstance In A Capital Punishment Statute, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Judges, Lawyers And The Penalty Of Death, Michael E. Tigar
Judges, Lawyers And The Penalty Of Death, Michael E. Tigar
Faculty Scholarship
No abstract provided.