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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
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
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
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
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
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
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
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
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
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
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
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
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
Tolerance As Understanding, Jay Schiffman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.