Can Congress Overturn Graham V. Florida?(Cruel and Unusual Punishment) Can Congress Overturn Graham V. Florida?(Cruel and Unusual Punishment)

Can Congress Overturn Graham V. Florida?(Cruel and Unusual Punishment‪)‬

Harvard Journal of Law & Public Policy 2011, Wntr, 34, 1

Harvard Journal of Law & Public Policy
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Descrição da editora

Shortly after my recent Article, Can Congress Overturn Kennedy v. Louisiana?, (1) went to press, the Supreme Court released its decision in Graham v. Florida. (2) This Coda accordingly updates the Article in two ways: first, by evaluating Graham's novel "national consensus" analysis; and, second, by arguing that both Kennedy v. Louisiana (3) and Graham should be understood as contingent decisions potentially reversible through federal legislation. In other words, this Coda renews the Article's argument that Kennedy and related cases both do and should leave room for interbranch dialogue regarding the Eighth Amendment's contemporary practical meaning. I. "NATIONAL CONSENSUS" IN GRAHAM V. FLORIDA

GÉNERO
Profissional e técnico
LANÇADO
2011
1 de janeiro
IDIOMA
EN
Inglês
PÁGINAS
13
EDITORA
Harvard Society for Law and Public Policy, Inc.
TAMANHO
257,5
KB

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