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Full-Text Articles in Law
William Hubbs Rehnquist, Thomas W. Merrill
William Hubbs Rehnquist, Thomas W. Merrill
Faculty Scholarship
We will be debating the legacy of Chief Justice William Hubbs Rehnquist as long as there is a Supreme Court. At the heart of that debate is a puzzle: How could a man so staunchly committed to judicial restraint preside over a Court that became during his tenure on the bench a more powerful actor in American political life than it was when he was appointed?
Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall
Less Is Better: Justice Stevens And The Narrowed Death Penalty, James S. Liebman, Lawrence C. Marshall
Faculty Scholarship
In a recent speech to the American Bar Association, Justice John Paul Stevens "issued an unusually stinging criticism of capital punishment." Although he "stopped short of calling for an end to the death penalty," Justice Stevens catalogued a number of its "'serious flaws,'" including several procedures that the full Court has reviewed and upheld over his dissent – selecting capital jurors in a manner that excludes those with qualms about the death penalty, permitting elected state judges to second-guess jurors when they decline to impose the death penalty, permitting states to premise death verdicts on "victim impact statements," tolerating sub-par …