TITLE

ROPER V. SIMMONS AND OUR CONSTITUTION IN INTERNATIONAL EQUIPOISE

AUTHOR(S)
Alford, Roger P.
PUB. DATE
October 2005
SOURCE
UCLA Law Review;Oct2005, Vol. 53 Issue 1, p1
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article informs that U.S. Supreme Court's decision in Roper vs. Simmons case offers a prism to view constitutional comparativism afresh. The Court in many respects plows no new ground in embracing evolving standards of decency and defining those standards based on the majoritarian paradigm of a national consensus. But unlike any previous decision in history, it devotes a substantial part of the decision to a rigorous defense of constitutional comparativism. While the plot in Roper case is the death of a callous adolescent, the subplot is the birth of a new comparative jurisprudence. The Court is not simply deciding a case, it also is defining and defending a movement that has the potential to change the course of constitutional law.
ACCESSION #
18956528

 

Related Articles

  • Lower Court Holding.  // Supreme Court Debates;Jan2010, Vol. 13 Issue 1, p8 

    The article discusses a court case wherein a defendant convicted of sexual battery, burglary and theft, sought post-conviction relief. A defendant is required to file a motion for relief within two years after final judgment and a second motion may be dismissed if an exception in Rule 3.850 was...

  • ROPER V. SIMMONS: SUPREME COURT CASE PROVIDES GREAT INTRODUCTION TO BASIC LEGAL PRINCIPLES. Blanke, Jordan M. // Journal of Legal Studies in Business;2005, Vol. 12, p23 

    The article focuses on the U.S. Supreme Court case, Roper v. Simmons. It examines the legal concepts manifested in the case, for the intention of reviewing the constitutional implications related to the court's banishment of the death penalty sentenced to Simmons for a crime committed in his...

  • United States: Roper v. Simmons. Steiker, Jordan // International Journal of Constitutional Law;Jan2006, Vol. 4 Issue 1, p163 

    Roper v. Simmons and the execution of juveniles—Eighth Amendment challenges—Stanford v. Kentucky and Penry v. Lynaugh—the execution of the mentally retarded and Atkins v. Virginia—the gradual abolition of these practices—the role of the Court—the role of...

  • WHAT ARE THE IMPLICATIONS OF ROPER'S DILEMMA FOR ADOLESCENT HEALTH LAW? Rosato, Jennifer // Journal of Law & Policy;2011, Vol. 20 Issue 1, p167 

    An essay is presented which highlights the implications of the U.S. Supreme Court's decision in Roper v. Simmons, on the adolescent health law. It analyzes the effect of neuroscience literature on the development of the adolescent health law and emphasized that the mature minors should make...

  • Juvenile offenders and the death penalty in the United States. Neil, Benjamin A.; Neil, Brian A. // Journal of International Business & Cultural Studies;Nov2011, Vol. 6, p1 

    With the changes created by the Supreme Court decisions in Roper v. Simmons and Graham v. Florida, there has been a sea of change in the legal landscape in America regarding criminal punishment of juvenile offenders. Not only have the Supreme Court Justices changed their way of thinking in this...

  • The Controversy over Citations to Foreign Authorities in American Constitutional Adjudication and the Conflict of Judicial Philosophies: A Reply to Professor Glendon. Rosenfeld, Michel // Duquesne Law Review;Winter2014, Vol. 52 Issue 1, p25 

    The article focuses on the controversy over citations to foreign authorities in American constitutional adjudication and the conflict of judicial philosophies. Topics discussed include the restrictive and expansive philosophies of constitutional interpretation, the U.S Supreme Court cases...

  • Foreign Law and the U.S. Constitution. Anderson, Kenneth // Policy Review;Jun/Jul2005, Issue 131, p33 

    Addresses U.S. Supreme Court Justice Anthony Kennedy's majority opinion in Roper v. Simmons which endorsed the use of foreign and international legal materials in U.S. constitutional adjudication. Details of the Roper opinion; Justices who signed onto the Roper doctrine; Highlights of a public...

  • Much Ado About SOMETHING: Reconciling Roper v. Simmons With the Gang Deterrence and Community Protection Act of 2007 and the Possibility of Inconsistent Jurisprudence. Sykes, Tiffany // New England Journal on Criminal & Civil Confinement;Winter2008, Vol. 34 Issue 1, p163 

    The article attempts to reconcile the controversial decision of Roper v. Simmons with the Gang Deterrence and Community Protection Act of 2007 and the possibility of inconsistent jurisprudence. In doing so, it details the background of this Act, including the social conditions that gave rise to...

  • Roper v. Simmons and the Role of International Laws, Practices and Opinions in United States Capital Punishment Jurisprudence. Gerety, Corina D. // Chinese Journal of International Law;2005, Vol. 4 Issue 2, p565 

    The article discusses the U.S. Supreme Court case Roper v. Simmons and the function of international laws, opinions, and practices in the capital punishment jurisprudence of the U.S. It states that in the court case, the U.S. Supreme Court held the unconstitutionality of juvenile death penalty....

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics