Tag Archives: Death Penalty

The Supreme Court Rejects Fake Facts in Capital Cases

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Cornell University law professor Sherry F. Colb considers one recent instance in which the U.S. Supreme Court endorsed a standard because it was factually more accurate than a prior standard, and several other instances in which the Court has done the opposite. Colb points out that, unfortunately, the law often seeks facts that facilitate a desired outcome rather than facts a more just or correct outcome.

Supreme Court to Consider When a Criminal Defendant Must Pay With His Life for His Lawyer’s Error

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Cornell University law professor Michael C. Dorf comments on a case before the U.S. Supreme Court that presents the issue whether and when a criminal defendant should pay with his life for an error made by his lawyer. Dorf explains the facts behind the case as well as the relevant legal precedents. He argues that Davila, the criminal defendant in this case, might convincingly argue that his first real opportunity to complain about the ineffectiveness of counsel on direct appeal is in a state habeas proceeding.

Are Long Death Penalty Delays Unconstitutional?

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Cornell University law professor Michael Dorf considers whether long delays in carrying out capital punishment render the practice unconstitutional. Dorf responds specifically to an argument put forth by the late Justice Scalia that execution delays are chiefly the result of the extensive procedures that the Court’s liberals have required for carrying out an execution.

The Bottoson Effect

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Cornell University law professor Joseph Margulies discusses the problem of states executing death row inmates under laws subsequently found to be unconstitutional, as has happened in Texas and in Florida, and likely in many other cases. Margulies laments that the United States continues to experiment with capital punishment when experience demonstrates the procedures for imposing this irreversible sentence are rife with problems.

Adjusting IQ Scores so More Minorities Are Eligible for the Death Penalty

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Cornell University law professor Sherry Colb discusses the claim that IQ scores of minorities should be upwardly adjusted for the purpose of eligibility for the death penalty. Drawing upon an article on the issue by Robert Sanger, Colb argues that even if the practice of adjusting IQ scores were scientifically supported (which it is not), doing so for death penalty purposes constitutes invidious race discrimination in violation of the federal Constitution.

Four Specific Indicators to Look for (As Distinguished From Cases to Watch) This Supreme Court Term

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Vikram David Amar, law professor and dean of the University of Illinois College of Law, identifies four key issues to watch in the Supreme Court’s 2015-2015 Term. As Amar discusses here, these issues center around: (1) public labor unions, (2) affirmative action, (3) abortion rights, and (4) the death penalty.

The U.S. Supreme Court Narrows States’ Discretion to Execute the Intellectually Disabled

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Cornell University law professor Sherry Colb comments on a recent decision by the U.S. Supreme Court invalidating Florida’s approach to identifying criminal convicts who are intellectually disabled and therefore constitutionally ineligible for the death penalty. Colb describes the facts and issues that brought the case before the Court and infers from the opinion that the Court may have a growing consciousness about those sentenced to death. Acknowledging also the strong arguments presented by the dissent, Colb concludes that essential difference between the majority and the dissent is a disagreement as to what is worse: to execute the wrong person to spare the wrong person from execution.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Amar served as the Senior Assoc... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington University. He teaches tax law and tax policy, and he has taught contract law, law and economics, and... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published a... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the Judiciar... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and four books on constitutional la... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book,  more

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the... more

David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from Rice University and his J.D. from the University of California, Berkeley, School of Law (Boalt Hall)... more

Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in more

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International Developmen... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Fowler School of Law. He joined the faculty in 2008. Before that, he was Univ... more