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Full-Text Articles in Law
Originalism's Implementation Problem, Michael L. Smith, Alexander S. Hiland
Originalism's Implementation Problem, Michael L. Smith, Alexander S. Hiland
Faculty Articles
Originalism has received a great deal of recent, mainstream attention. President Donald Trump's nomination of three justices to the Supreme Court amplified discussions of their judicial philosophies during and following their confirmation proceedings. Supporters of these nominations highlighted the nominees' originalist credentials, arguing that originalism was the dominant approach to constitutional interpretation.
In the academic sphere, volumes of articles and books set forth originalist theories and methodology. Its academic proponents also refer to it as the dominant form of constitutional interpretation—often asserting that opponents of originalism have failed to enunciate a coherent alternative theory. Some argue that originalism (at least, …
When Police Volunteer To Kill, Alexandra L. Klein
When Police Volunteer To Kill, Alexandra L. Klein
Faculty Articles
The Supreme Court has upheld the constitutionality of lethal injection, yet states continue to struggle with drug shortages and botched executions. Some states have authorized alternative methods of execution, including the firing squad. Utah, which has consistently carried out firing squad executions throughout its history, relies on police officers from the jurisdiction where the crime took place to volunteer to carry out these executions. This represents a plausible-and probable method for other states in conducting firing squad executions.
Public and academic discussion of the firing squad has centered on questions of pain and suffering. It has not engaged with the …