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Articles 1 - 16 of 16

Full-Text Articles in Law

Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen J. Wermiel Oct 2012

Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen J. Wermiel

The Journal of Appellate Practice and Process

No abstract provided.


The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson Apr 2012

The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson

The Journal of Appellate Practice and Process

No abstract provided.


A Judicial Retrospective: Significant Decisions By The Arkansas Supreme Court From 1991 Through 2011, Robert L. Brown Jan 2012

A Judicial Retrospective: Significant Decisions By The Arkansas Supreme Court From 1991 Through 2011, Robert L. Brown

University of Arkansas at Little Rock Law Review

In 2008, a study issued by the University of Chicago ranked the Arkansas Supreme Court as the second best state supreme court in the nation, based on the justices' productivity in issuing opinions, quality of opinions, and independence from partisan pressures. The last two decades have seen the Arkansas Supreme Court issue a multitude of opinions considering separation of powers, public education, prior restraint of the press, expanded rights under the Arkansas Constitution, class actions and tort reform.

This article highlights many of the most significant opinions from the last two decades and comments on their impact in Arkansas and …


Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson Jul 2008

Criminal Law - The Supreme Court Expands The Witt Principles To Exclude A Juror Who Would Follow The Law. Uttecht V. Brown, 127 S. Ct. 2218 (2007)., Brooke A. Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law & Criminal Law - The Eighth Amendment - The Juvenile Death Penalty: A Premature Decision Over Teenage Immaturity? Roper V. Simmons, 543 U.S. 551 (2005)., J. Blake Byrd Oct 2006

Constitutional Law & Criminal Law - The Eighth Amendment - The Juvenile Death Penalty: A Premature Decision Over Teenage Immaturity? Roper V. Simmons, 543 U.S. 551 (2005)., J. Blake Byrd

University of Arkansas at Little Rock Law Review

The final clause of the Eighth Amendment is the source of this nation's prohibition on unconstitutional punishment. Today, the Supreme Court's evolving-standard on the prohibition on unconstitutional punishment has two steps: The Court (1) looks at objective indicia of societal consensus against a particular practice and (2) ultimately uses its independent judgment to analyze whether the punishment is proportional to the offender's mental state and category of crime. There is tension within the Court, however, because some members believe that the evolving-standards jurisprudence is mistaken, and they fervently reject a proportionality analysis.

The United States has a long history of …


Preface, Brent E. Newton Oct 2003

Preface, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.


Representing Death-Sentence Appellants, Charles B. Blackmar Oct 2003

Representing Death-Sentence Appellants, Charles B. Blackmar

The Journal of Appellate Practice and Process

No abstract provided.


Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis Oct 2003

Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis

The Journal of Appellate Practice and Process

No abstract provided.


The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman Oct 2003

The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman

The Journal of Appellate Practice and Process

No abstract provided.


Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel Oct 2003

Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel

The Journal of Appellate Practice and Process

No abstract provided.


Death Row And The Cancer Ward, J. Thomas Sullivan Apr 2003

Death Row And The Cancer Ward, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.


A Rarefied Kind Of Dread, David I. Bruck Apr 2003

A Rarefied Kind Of Dread, David I. Bruck

The Journal of Appellate Practice and Process

No abstract provided.


First Argument In The United States Supreme Court, Talbot D'Alemberte Apr 2003

First Argument In The United States Supreme Court, Talbot D'Alemberte

The Journal of Appellate Practice and Process

No abstract provided.


Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor Apr 1986

Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.


Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry Jul 1985

Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.


Death-Qualification And The Fireside Induction, Robert M. Berry Jan 1982

Death-Qualification And The Fireside Induction, Robert M. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.