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Articles 1 - 13 of 13

Full-Text Articles in Law

Muscle Memory And The Local Concentration Of Capital Punishment, Lee B. Kovarsky Jan 2016

Muscle Memory And The Local Concentration Of Capital Punishment, Lee B. Kovarsky

Faculty Scholarship

No abstract provided.


More Than A "Quick Glimpse Of The Life": The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome E. Deise, Raymond Paternoster Jan 2013

More Than A "Quick Glimpse Of The Life": The Relationship Between Victim Impact Evidence And Death Sentencing, Jerome E. Deise, Raymond Paternoster

Faculty Scholarship

In striking down the use of victim impact evidence (VIE) during the penalty phase of a capital trial, the Supreme Court in Booth v. Maryland and South Carolina v. Gathers argued that such testimony would appeal to the emotions of jurors with the consequence that death sentences would not be based upon a reasoned consideration of the blameworthiness of the offender. After a change in personnel, the Court overturned both decisions in Payne v. Tennessee, decided just two years after Gathers. The majority in Payne were decidedly less concerned with the emotional appeal of VIE, arguing that it would only …


Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda C. Pustilnik Jan 2012

Pain As Fact And Heuristic: How Pain Neuroimaging Illuminates Moral Dimensions Of Law, Amanda C. Pustilnik

Faculty Scholarship

Legal statuses, prohibitions, and protections often turn on the presence and degree of physical pain. In legal domains ranging from tort to torture, pain and its degree do important definitional work by delimiting boundaries of lawfulness and of entitlements. The omnipresence of pain in law suggests that the law embodies an intuition about the ontological primacy of pain. Yet, for all the work done by pain as a term in legal texts and practice, it has had a confounding lack of external verifiability. As with other subjective states, we have been able to impute pain’s presence but have not been …


An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller Jan 2012

An Eighth Amendment Analysis Of Juvenile Life Without Parole: Extending Graham To All Juvenile Offenders, Robert Johnson, Chris Miller

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann Jan 2012

Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Original Habeas Redux, Lee B. Kovarsky Jan 2011

Original Habeas Redux, Lee B. Kovarsky

Faculty Scholarship

This article explores what is perhaps the Supreme Court’s most exotic appellate power— its authority to issue (inaptly-named) “original” writs of habeas corpus. Although I have been working on Original Habeas Redux for some time, the Troy Davis case has recently thrust this topic into the national spotlight. In Davis (2009), the Supreme Court exercised, for the first time in over forty years, its power to transfer an original habeas petition to a district court for merits adjudication. Having collected and tabulated two decades of new data, I argue that Davis is not a blip in an otherwise constant state …


Death Ineligibility And Habeas Corpus, Lee B. Kovarsky Jan 2010

Death Ineligibility And Habeas Corpus, Lee B. Kovarsky

Faculty Scholarship

I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces the genesis …


Limiting Death: Maryland’S New Death Penalty Law, Michael Millemann Jan 2010

Limiting Death: Maryland’S New Death Penalty Law, Michael Millemann

Maryland Law Review

In this Article, I describe and analyze the State of Maryland's 2009 death penalty law. This law adds three new death-eligibility criteria to the pre-existing law. These new evidentiary criteria supplement the pre-existing substantive death-eligibility criteria. As a result, Maryland now has one of the most restrictive death penalties in the country.


Baze V. Rees: Merging Eighth Amendment Precedents Into A New Standard For Method Of Execution Challenges, Molly E. Grace Jan 2009

Baze V. Rees: Merging Eighth Amendment Precedents Into A New Standard For Method Of Execution Challenges, Molly E. Grace

Maryland Law Review

No abstract provided.


Death By Incarceration As A Cruel And Unusual Punishment When Applied To Juveniles: Extending Roper To Life Without Parole, Our Other Death Penalty, Robert Johnson, Sonia Tabriz Jan 2009

Death By Incarceration As A Cruel And Unusual Punishment When Applied To Juveniles: Extending Roper To Life Without Parole, Our Other Death Penalty, Robert Johnson, Sonia Tabriz

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Preferring White Lives: The Racial Administration Of The Death Penalty In Maryland, Michael Millemann, Gary W. Christopher Jan 2005

Preferring White Lives: The Racial Administration Of The Death Penalty In Maryland, Michael Millemann, Gary W. Christopher

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield Jan 2004

Justice By Geography And Race: The Administration Of The Death Penalty In Maryland, 1978-1999, Raymond Paternoster, Robert Brame, Sarah Bacon, Andrew Ditchfield

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Tolerance As Understanding, Jay Schiffman Jan 2003

Tolerance As Understanding, Jay Schiffman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.