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Articles 1 - 4 of 4

Full-Text Articles in Law

The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl Dec 2005

The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl

William & Mary Law Review

No abstract provided.


Cleaning Up The Eighth Amendment Mess, Tom Stacy Dec 2005

Cleaning Up The Eighth Amendment Mess, Tom Stacy

William & Mary Bill of Rights Journal

This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …


Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon Apr 2005

Causing Constitutional Harm: How Tort Law Can Help Determine Harmless Error In Criminal Trials, Jason M. Solomon

Faculty Publications

No abstract provided.


Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks Jan 2005

Sexual Violence And International Criminal Law: An Analysis Of The Ad Hoc Tribunal's Jurisprudence & The International Criminal Court's Elements Of Crimes, Angela M. Banks

Faculty Publications

No abstract provided.