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Full-Text Articles in Law
From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde
Faculty Publications
At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …
How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins
Faculty Publications
No abstract provided.
Anti-Federalist Procedure, A. Benjamin Spencer
Anti-Federalist Procedure, A. Benjamin Spencer
Faculty Publications
"[T]he new federal government will ... be disinclined to invade the rights of the individual States, or the prerogatives of their governments."
"[T]he Constitution of the United States ... recognizes and preserves the autonomy and independence of the States-independence in their legislative and independence in their judicial departments. . . . Any interference with either, except as [constitutionally] permitted, is an invasion of the authority of the State and, to that extent, a denial of its independence."
The understanding expressed by these opening quotes-that the national government was designed to be one of limited powers that would refrain from encroaching …
Katrina And The Rhetoric Of Federalism, Christina E. Wells
Katrina And The Rhetoric Of Federalism, Christina E. Wells
Faculty Publications
The public's desire to assign blame for government's inadequate response to Hurricane Katrina has largely focused on the federal government's slow and seemingly inept response to the storm. In their own defense, federal officials cast federalism--the system that divides power among federal, state, and local governments--as the main culprit underlying their inadequate response to hurricane victims. Had power and authority not been split among three different units of government, the argument goes, the federal government might have been able to act more quickly to save lives and prevent suffering. In effect, federal authorities claim to have been hamstrung by a …