Add to ORKGThis Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur major reform in the understanding of the function of the doctrine. The Article urges the Supreme Court to renounce a largely empty mandate known as the “narrowing” rule and the rhetoric of equality that has accompanied it. By doing so, the Court could speak more truthfully about the important but more limited function that its capital-sentencing doctrine actually pursues, which is to ensure that no person receives the death penalty who does not deserve it. The Court could also speak more candidly than it has since Furman v. Georgia about the problem of inequality that has continued to pervade capital selection. If the Court remains unwilling t...
This Article addresses whether the U.S. Constitution requires courts to permit capital defendants to...
A central precept of death penalty jurisprudence is that only the death worthy should be condemned...
This Article examines the Supreme Court\u27s treatment of the Eighth Amendment with respect to claim...
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur m...
This article explores Eighth Amendment theories that might justify the effort by the Supreme Court t...
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencin...
With the Supreme Court now dominated by a solidly conservative majority, recent, well-grounded hopes...
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencin...
This Article argues that the stalled dialogue over the U.S. Supreme Court\u27s administration of cap...
Four years after Furmanv. Georgia, the Supreme Court has resolved the major question left unanswered...
The Supreme Court takes two very different approaches to substantive sentencing law. Whereas its rev...
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing s...
In 1972, in Furman v. Georgia, the Supreme Court deemed it incontestable that a death sentence is ...
For the last half-century, Supreme Court doctrine has required that capital jurors consider facts an...
This Article addresses how Lockett v. Ohio and the Supreme Court’s jurisprudence on mitigating facto...
This Article addresses whether the U.S. Constitution requires courts to permit capital defendants to...
A central precept of death penalty jurisprudence is that only the death worthy should be condemned...
This Article examines the Supreme Court\u27s treatment of the Eighth Amendment with respect to claim...
This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur m...
This article explores Eighth Amendment theories that might justify the effort by the Supreme Court t...
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencin...
With the Supreme Court now dominated by a solidly conservative majority, recent, well-grounded hopes...
This Article argues for the rescue and reform of Supreme Court doctrine regulating capital sentencin...
This Article argues that the stalled dialogue over the U.S. Supreme Court\u27s administration of cap...
Four years after Furmanv. Georgia, the Supreme Court has resolved the major question left unanswered...
The Supreme Court takes two very different approaches to substantive sentencing law. Whereas its rev...
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing s...
In 1972, in Furman v. Georgia, the Supreme Court deemed it incontestable that a death sentence is ...
For the last half-century, Supreme Court doctrine has required that capital jurors consider facts an...
This Article addresses how Lockett v. Ohio and the Supreme Court’s jurisprudence on mitigating facto...
This Article addresses whether the U.S. Constitution requires courts to permit capital defendants to...
A central precept of death penalty jurisprudence is that only the death worthy should be condemned...
This Article examines the Supreme Court\u27s treatment of the Eighth Amendment with respect to claim...