The Bill of Rights--Can It Survive?
The Supreme Court's decisions last term have eroded the protections afforded in the Bill of Rights, and looking forward it seems the trend will continue.
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The Supreme Court's decisions last term have eroded the protections afforded in the Bill of Rights, and looking forward it seems the trend will continue.
The papers which follow grew out of a one-day conference entitled “The Supreme Court and Daily Life: Who Will the Court Protect in the 1990’s?” which was held on October 21, 1989. This event, co-sponsored by The Nation Institute and The
Introduction to the Articles in this issue, pertaining to a wide vareity of civil liberties and rights the Court will address in its upcoming term and beyond.
Analyzing constitutional validity of requiring broadcasters to provide free advertising time to political candidates.
Discussion of the scope and availability of habeas corpus defenses to capital case defendants in light of recent Supreme Court decisions.
Discussion of the Teague v. Lane's new rule on retroactivity in criminal cases and its effect on past criminal cases.
Annotations of: DEATH WORK: A STUDY OF THE MODERN EXECUTION PROCESS. By Robert Johnson. Pacific Grove, California: Brooks/Cole Publishing Co., 1990; DEATH & DISCRIMINATION: RACIAL DISPARITIES IN CAPITAL SENTENCING. By Samuel R. Gross and Robert Mauro. Boston, Massachusetts: North-eastern University
Argues the necessity of public education and exposure of capital trials in order to educate the public regarding the injustice of the death penalty.
Annotations of: FACING THE DEATH PENALTY: ESSAYS ON A CRUEL AND UNUSUAL PUNISHMENT. Edited by Michael L. Radelet. Philadelphia: Temple University Press, 1989; THE DEATH PENALTY: A WORLD-WIDE PERSPECTIVE: A REPORT TO THE UNITED NATIONS COMMITTEE ON CRIME PREVENTION AND
Looking at Hauptmann and Bigelow capital punishment cases to explore how our system is still fallible and how innocents can be sentenced to death.
Supreme Court hasn't examined fairness in death penalty cases and reduced obstacles to its use; abolitionists need legislative and political strategies.
Impact of Teague's limits on habeas corpus jurisdiction and the Teague nonretroactivity doctrine.
Discussion of the intersection of race and contract theory/contract formalism.
Discussion of if current law impedes forming public policy around the ability of the wealthy to pay higher taxes by allowing secrecy around income tax returns.
Discussion around the idea of family as kin and more modern conceptions of family and how it has become strongly politicized.
Examining Rawls' theory of justice through a feminist lens, and particularly how it fails to deal with sexism in a sexual/marital contract between men & women.