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Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

2019

Legal Studies

William & Mary

Articles 1 - 2 of 2

Full-Text Articles in Political Science

"Full Of Internal Contradictions": A Neutral Case For The Invalidation Of The Death Penalty, Carson A. Whitehurst Apr 2019

"Full Of Internal Contradictions": A Neutral Case For The Invalidation Of The Death Penalty, Carson A. Whitehurst

Undergraduate Honors Theses

A neutral evaluation of the modern death penalty, a fundamentally flawed institution, necessitates its invalidation. I analyze 428 death sentences and their appellate outcomes from Virginia, Texas, California, Pennsylvania, Colorado, and Wyoming, states which represent the gamut of capital punishment regimes in the United States. Employing a legal framework derived from the work of Justice Antonin Scalia—a lifelong and staunch supporter of the death penalty—I argue that the harmonious-reading canon and irreconcilability canons offer a neutral means for ending the American death penalty, and one which would be appropriate given the politicization of what is an irreversible punishment.


Comparing The Behavior Of Indigenous Tribes, States, And Foreign Sovereigns As Submitters Of Amicus Curiae Within The Supreme Court, Grace Murray Apr 2019

Comparing The Behavior Of Indigenous Tribes, States, And Foreign Sovereigns As Submitters Of Amicus Curiae Within The Supreme Court, Grace Murray

Undergraduate Honors Theses

Indigenous tribes, states, and foreign sovereigns possess different degrees of sovereignty outside the federal government yet frequently interact within the United States’ judicial system. In their presence in the Supreme Court, do indigenous tribes behave more like foreign sovereigns or more like states? I explore how each actor behaves as a submitter of amicus curiae briefs in order to compare the macro-level behavior of tribes, sovereigns, and states. I analyze the amicus brief submissions of these actors to all merits cases throughout the Roberts Court. My dataset is unique in the attention paid to the network of signees and entities ...