TITLE

CAN CONGRESS OVERTURN KENNEDY V. LOUISIANA?

AUTHOR(S)
RĂ©, Richard M.
PUB. DATE
June 2010
SOURCE
Harvard Journal of Law & Public Policy;Summer2010, Vol. 33 Issue 3, p1031
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article focuses on the possibility that the Eighth Amendment jurisprudence is subject to federal legislative override as presented in the case Kennedy versus Louisiana. It states that in June 2008, the U.S. Supreme Court invalidated a Louisiana statute that made the rape of a child a capital offense. It also discusses the methodology organized around the concepts of national consensus and the Court's independent judgment. Also discussed are the five features that a federal stature should possess in attempting to overturn the case.
ACCESSION #
51917843

 

Related Articles

  • SUPREME COURT FINDS AN INEXACT CONSENSUS TO SPARE CHILD RAPISTS: A CRITICAL EXAMINATION OF KENNEDY V. LOUISIANA. Fraser, Luke // Houston Law Review;Mar2010, Vol. 47 Issue 1, p215 

    The article examines the Kennedy v. Louisiana child rape case wherein five justices in the U.S. Supreme Court declared that death penalty punishment is disproportionate under the Eight Amendment. It explores the Supreme Court reasoning including that of Justice Kennedy's majority opinion and...

  • The Constitutional Limits of the "National Consensus" Doctrine in Eighth Amendment Jurisprudence. White, Kevin // Brigham Young University Law Review;2012, Vol. 2012 Issue 4, p1371 

    The article discusses the constitutional limits of the national consensus doctrine in relation to criminal sentences and the jurisprudence of the Eighth Amendment to the U.S. Constitution as of October 2012. The U.S. Supreme Court's interpretation of the Eighth Amendment is addressed, along with...

  • WHY THE KENNEDY V. LOUISIANA HOLDING DOES NOT AFFORD MISSOURI A VOICE. Cullivan, Jessica // New England Law Review;Winter2010, Vol. 44 Issue 2, p453 

    The author comments on the decision of the U.S. Supreme Court on the case Kennedy v. Louisiana which stopped the zero-tolerance policy of Missouri on child sexual abuse offenders. The Supreme Court held that the imposition of a capital punishment for child rape violates the U.S. Eight Amendment...

  • KENNEDY, KENNEDY, AND THE EIGHTH AMENDMENT: "STILL IN SEARCH OF A UNIFYING PRINCIPLE"? Raeker-Jordan, Susan // University of Pittsburgh Law Review;2011, Vol. 73 Issue 1, p107 

    The article discusses the protections against the imposition of cruel and unusual punishments under the Eighth Amendment to the U.S. Constitution, as well as the U.S. Supreme Court case Kennedy v. Louisiana which deals with a reportedly unconstitutional state law which imposes the death penalty...

  • Construing the Outer Limits of Sentencing Authority: A Proposed Bright-Line Rule for Noncapital Proportionality Review. White, Kevin // Brigham Young University Law Review;2011, Vol. 2011 Issue 2, p567 

    The article discusses a review and analysis of the U.S. Supreme Court's noncapital proportionality jurisprudence since it has substantive rules on capital crime proportionality review. The article proposed a bright-line rule in 21 U.S.C. 841 that required that individuals convicted of two...

  • The limits of legal language: Decisionmaking in capital cases. Steiker, Jordan M. // Michigan Law Review;Aug96, Vol. 94 Issue 8, p2590 

    Focuses on the contemporary death penalty law in the United States. How political machinations on the Supreme Court has affected the death penalty law; Information on the Eighth Amendment; Paucity of execution in relation to broad death eligibility; How legislative guidance would affect...

  • Prison Rights.  // Time;6/29/1981, Vol. 117 Issue 26, p63 

    The article offers information on the decision of U.S. Supreme Court on the lawsuit filed by Kelly Chapman, robber and Richard Jaworski, criminal, related to sharing a single prison by two people, citing Eighth Amendment ban in the U.S. The decision of the court states that sharing a single...

  • LEGAL INJECTION: THE SUPREME COURT ENTERS THE LETHAL INJECTION DEBATE: Hill v. McDonough, 126 S. CT. 2096 (2006). Greer, Megan // Harvard Journal of Law & Public Policy;Spring2007, Vol. 30 Issue 2, p767 

    The article focuses on the renewed debate over the constitutionality of lethal injection following a U.S. Supreme Court decision in Hill v. McDonough, whereby it held that condemned inmates can challenge a state's method of execution in addition to seeking habeas corpus relief. According to the...

  • No to Torture.  // Current Events;10/22/2007, Vol. 107 Issue 6, p5 

    The article focuses on the banning of cruel and unusual punishment through Eighth Amendment of the constitution in the U.S. It mentions the past methods of punishment which included breaking of arms and legs, burning alive and the use of electric chair or gas chambers, and reports that such...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

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

Try another library?
Sign out of this library

Other Topics