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[Download] "Can Congress Overturn Graham V. Florida?(Cruel and Unusual Punishment)" by Harvard Journal of Law & Public Policy # Book PDF Kindle ePub Free

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

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eBook details

  • Title: Can Congress Overturn Graham V. Florida?(Cruel and Unusual Punishment)
  • Author : Harvard Journal of Law & Public Policy
  • Release Date : January 01, 2011
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 257 KB

Description

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


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