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Full-Text Articles in Law
Discretionary Injustice: Limiting Due Process Rights Of Undocumented Immigrants Upon Removal After Re-Entry, Brendan Dauscher
Discretionary Injustice: Limiting Due Process Rights Of Undocumented Immigrants Upon Removal After Re-Entry, Brendan Dauscher
Touro Law Review
No abstract provided.
The Supreme Court And The Politics Of Death, Stephen F. Smith
The Supreme Court And The Politics Of Death, Stephen F. Smith
Stephen F. Smith
This article explores the evolving role of the U.S. Supreme Court in the politics of death. By constitutionalizing the death penalty in the 1970s, the Supreme Court unintentionally set into motion political forces that have seriously undermined the Court's vision of a death penalty that is fairly administered and imposed only on the worst offenders. With the death penalty established as a highly salient political issue, politicians - legislators, prosecutors, and governors - have strong institutional incentives to make death sentences easier to achieve and carry out. The result of this vicious cycle is not only more executions, but less …
The Supreme Court And The Politics Of Death, Stephen F. Smith
The Supreme Court And The Politics Of Death, Stephen F. Smith
Journal Articles
This article explores the evolving role of the U.S. Supreme Court in the politics of death. By constitutionalizing the death penalty in the 1970s, the Supreme Court unintentionally set into motion political forces that have seriously undermined the Court's vision of a death penalty that is fairly administered and imposed only on the worst offenders. With the death penalty established as a highly salient political issue, politicians - legislators, prosecutors, and governors - have strong institutional incentives to make death sentences easier to achieve and carry out. The result of this vicious cycle is not only more executions, but less …
Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson
Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson
Scott Dodson
This paper discusses the appropriate standard of review a federal habeas court should use to review a state court determination of federal law unaccompanied by a federally-based rationale. In other words, what standard of review does the federal court employ when the state court’s opinion is wholly composed of the phrases: “The claims are without merit. Denied.”? The Supreme Court has not explicitly resolved the issue, and various federal judges around the country have reached different opinions. This paper will demonstrate that a close scrutiny of the controlling habeas corpus statute, relevant case law, and policy considerations leads to the …
Federal Habeas Corpus In A Nutshell, Larry Yackle
Federal Habeas Corpus In A Nutshell, Larry Yackle
Faculty Scholarship
Newcomers to the capital punishment controversy may be puzzled by ubiquitous references to the common law writ of habeas corpus. What, you may ask, does the Great Writ have to do with the death penalty? The answer is: virtually everything. The lower federal courts have no ordinary appellate jurisdiction to review state criminal judgments for error. They adjudicate federal constitutional claims in death penalty cases primarily by entertaining habeas corpus petitions from death row prisoners. But for federal habeas corpus, capital sentences imposed for state criminal offenses would be examined only in state court and, occasionally, in the Supreme Court …