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Full-Text Articles in Law
Furman'S Mythical Mandate, Scott W. Howe
Furman'S Mythical Mandate, Scott W. Howe
University of Michigan Journal of Law Reform
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencing trials under the Eighth Amendment. Many legal commentators, both liberal and conservative, including several members of the Supreme Court, have concluded that the Court's regulation of capital sentencing trials is a disaster. The repeated criticisms rest on a commonly accepted view about a principal goal of capital sentencing regulation. The prevailing account, fueled by the rhetoric of the Justices, stems from the notion that Furman v. Georgia, 408 U.S. 208 (1972), revealed a mandate of consistency in the use of the death penalty that …
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Michigan Law Review
Professor Welsh S. White's book Litigating in the Shadow of Death: Defense Attorneys in Capital Cases collects the compelling stories of "a new band of dedicated lawyers" that has "vigorously represented capital defendants, seeking to prevent their executions" (p.3). Sadly, Professor White passed away on New Year's Eve, 2005, days before the release of his final work. To the well-deserved accolades of Professor White that were recently published in the Ohio State Journal of Criminal Law, I can only add a poignant comment in a student blog that captures his excellence as a scholar and educator: "I wanted to …
Pope John Paul Ii, Vatican Ii, And Capital Punishment, Howard Bromberg
Pope John Paul Ii, Vatican Ii, And Capital Punishment, Howard Bromberg
Articles
Part I of this Article describe s Pope John Paul II’s teaching on capital punishment as based on the Scriptures and expressed in Evangelium Vitae and the Catechism. Part II examines the authority with which this doctrine was issued. Part III suggests that this teaching represents the “traditional teaching of the Church,” although a “more perfect expression” of that teaching than has heretofore been recognized. Parts IV and V indicate why the papacy of John Paul II-—“this time, in which God in His hidden design has entrusted to me... very close to the year 2000”-—was ripe for this explicit articulation …