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Articles 1 - 4 of 4

Full-Text Articles in Law

Missing Mcveigh, Michael E. Tigar Jan 2014

Missing Mcveigh, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioner, Ernest A. Young Jan 2014

Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioner, Ernest A. Young

Faculty Scholarship

No abstract provided.


Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas Jan 2008

Engaging Capital Emotions, Douglas A. Berman, Stephanos Bibas

All Faculty Scholarship

The Supreme Court, in Kennedy v. Louisiana, is about to decide whether the Eighth Amendment forbids capital punishment for child rape. Commentators are aghast, viewing this as a vengeful recrudescence of emotion clouding sober, rational criminal justice policy. To their minds, emotion is distracting. To ours, however, emotion is central to understand the death penalty. Descriptively, emotions help to explain many features of our death-penalty jurisprudence. Normatively, emotions are central to why we punish, and denying or squelching them risks prompting vigilantism and other unhealthy outlets for this normal human reaction. The emotional case for the death penalty for child …


The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden Jan 2003

The Cognitive Components Of Punishment, Jeffrey J. Rachlinski, Forest Jourden

Cornell Law Faculty Publications