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Articles 1 - 9 of 9
Full-Text Articles in Law
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
Sheri Lynn Johnson
No abstract provided.
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
When Lightning Strikes Back: South Carolina's Return To The Unconstitutional Standardless Capital Sentencing Regime Of The Pre-Furman Era, John H. Blume, Sheri Johnson, Emily C. Paavola, Keir M. Weyble
John H. Blume
No abstract provided.
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court's Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily C. Paavola
A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court's Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily C. Paavola
Cornell Law Faculty Publications
This article examines empirically the capital cases decided by the lower courts since the United States Supreme Court created the categorical ban against the execution of persons with intellectual disability twelve years ago in the Atkins decision.
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Infusing The Meaning Of “Cruel And Unusual” Through The Digital Public Sphere: How The Internet Can Change The Debate On The Morality Of Capital Punishment, Adam A. Marshall
Infusing The Meaning Of “Cruel And Unusual” Through The Digital Public Sphere: How The Internet Can Change The Debate On The Morality Of Capital Punishment, Adam A. Marshall
Adam A Marshall
In this paper, I suggest new strategies that abolitionists should adopt in the debate over the morality of the death penalty. As the Eighth Amendment “draw[s] its meaning from the evolving standards of decency that mark the progress of a maturing society”, advocates for abolishing the death penalty should develop strategies based on the moral theories of Adam Smith to leverage the power of the internet and ensure all citizens feel the effects of the death penalty in order to stimulate debate over its morality. By examining these concepts through the case of Troy Davis, we can see how the …
Foreword: The Death Penalty In Decline: From Colonial America To The Present, John Bessler
Foreword: The Death Penalty In Decline: From Colonial America To The Present, John Bessler
All Faculty Scholarship
This Article traces the history of capital punishment in America. It describes the death penalty's curtailment in colonial Pennsylvania by William Penn, and the substantial influence of the Italian philosopher Cesare Beccaria -- the first Enlightenment thinker to advocate the abolition of executions -- on the Founding Fathers' views. The Article also describes the transition away from "sanguinary" laws and punishments toward the "penitentiary system" and highlights the U.S. penal system's abandonment of non-lethal corporal punishments.
Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown
Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown
Timothy Brown
The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates the …
Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown
Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown
Faculty Publications, School of Management
The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates the …
Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioner, Ernest A. Young
Brief Of Public Law Scholars As Amici Curiae In Support Of Petitioner, Ernest A. Young
Faculty Scholarship
No abstract provided.