Challenges Of Conveying Intellectual Disabilities To Judge And Jury,
2014
William & Mary Law School
Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington
William & Mary Bill of Rights Journal
No abstract provided.
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling,
2014
William & Mary Law School
The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby
William & Mary Bill of Rights Journal
In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …
Everyone Forgets About The Third Amendment: Exploring The Implications On Third Amendment Case Law Of Extending Its Prohibitions To Include Actions By State Police Officers,
2014
William & Mary Law School
Everyone Forgets About The Third Amendment: Exploring The Implications On Third Amendment Case Law Of Extending Its Prohibitions To Include Actions By State Police Officers, Samantha A. Lovin
William & Mary Bill of Rights Journal
No abstract provided.
Does Atkins Make A Difference In Non-Capital Cases? Should It?,
2014
William & Mary Law School
Does Atkins Make A Difference In Non-Capital Cases? Should It?, Paul Marcus
William & Mary Bill of Rights Journal
No abstract provided.
Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial,
2014
William & Mary Law School
Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone
William & Mary Bill of Rights Journal
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,
2014
William & Mary Law School
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 Paavola
William & Mary Bill of Rights Journal
No abstract provided.
December 14, 2014: The Tough Guys Who Favor Torture,
2014
Duquesne University
December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Tough Guys Who Favor Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 11, 2014: No Justification For Torture,
2014
Duquesne University
December 11, 2014: No Justification For Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Justification for Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
United States V. Patane: The Beginning Of The End Of Miranda,
2014
Touro University Jacob D. Fuchsberg Law Center
United States V. Patane: The Beginning Of The End Of Miranda, Bryce Chauncey Loveland
Touro Law Review
No abstract provided.
What's A Lower Court To Do? Limiting Lawrence V. Texas And The Right To Sexual Autonomy,
2014
Regent University School of Law
What's A Lower Court To Do? Limiting Lawrence V. Texas And The Right To Sexual Autonomy, John Tuskey
Touro Law Review
No abstract provided.
Qualified Immunity: 1983 Litigation In The Public Employment Context,
2014
Touro University Jacob D. Fuchsberg Law Center
Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making,
2014
Touro University Jacob D. Fuchsberg Law Center
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term,
2014
Touro University Jacob D. Fuchsberg Law Center
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
Touro Law Review
No abstract provided.
Takings Cases In The October 2004 Term,
2014
Touro Law School
Takings Cases In The October 2004 Term, Leon D. Lazer
Touro Law Review
No abstract provided.
Federalism Cases In The October 2004 Term,
2014
Touro Law School
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term,
2014
Touro Law School
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
December 9, 2014: There Was A Moment,
2014
Duquesne University
December 9, 2014: There Was A Moment, Bruce Ledewitz
Hallowed Secularism
Blog post, “There Was a Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Kansas V. Nebraska & Colorado: Keeping Equity Afloat In The Republican River Dispute,
2014
Duke Law
Kansas V. Nebraska & Colorado: Keeping Equity Afloat In The Republican River Dispute, Charles Punia
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Kansas v. Nebraska & Colorado. The Supreme Court will have the opportunity to resolve a decades-old conflict over water rights in the Republican River which flows through Colorado, Nebraska, and Kansas. In this case of original jurisdiction, the Court will determine both whether Nebraska violated a 60-year old compact concerning water rights, and what the appropriate remedy should be for that violation.
A Collision Course Between The Right Of Publicity And The First Amendment: The Third And Ninth Circuit Find Ea Sports’S Ncaa Football Video Games Infringe Former Student-Athletes Right Of Publicity,
2014
Seton Hall University
A Collision Course Between The Right Of Publicity And The First Amendment: The Third And Ninth Circuit Find Ea Sports’S Ncaa Football Video Games Infringe Former Student-Athletes Right Of Publicity, Michael Feinberg
Seton Hall Circuit Review
No abstract provided.
Some Mistakes Are Greater Than Others: Why A Categorical Exclusion Is A Proper Response To A Police Officer's Mistake Of Law During A Traffic Stop,
2014
Seton Hall University
Some Mistakes Are Greater Than Others: Why A Categorical Exclusion Is A Proper Response To A Police Officer's Mistake Of Law During A Traffic Stop, Daniel J. Gilbert
Seton Hall Circuit Review
No abstract provided.
