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September 13, 2006

My lethal injection piece on SSRN

I have noted before here and here my lethal (injection) contribution to the forthcoming annual Cato Supreme Court Review entitled "Finding Bickel Gold in a Hill of Beans."  Never one to stop shamelessly promoting (or to stop worrying about by SSRN download counts), I now want to note that this piece is available here through SSRN.  To spice up my promotional efforts, let me here quote the closing paragraph from my piece:

Legislative inaction in the wake of Hill is not only disappointing, but also telling.  It has become common sport for politicians and commentators to assail justices and judges for intervening in significant policy debates that seem more the province for legislative action.  In Hill, the Court was perhaps attentive to these concerns when it decided to dodge the most contentious issues presented by the ongoing lethal injection litigation.  Other branches of government must now demonstrate that they can and will soundly govern in this controversial area now that the Supreme Court has indicated that, for the time being, it will stay out of the way.  If other branches don't step up, not only will the model of constitutional adjudication suggested by Bickel and Sunstein suffer a blow, but complaints of judicial activism will ring even more hollow.

September 13, 2006 at 05:11 PM | Permalink


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I'm very interested in this matter and I myself do alot of research as well. Either way it was a well thought out and nice read so I figured I would leave you a comment.

Posted by: pandora chamrs | Dec 3, 2010 8:49:54 PM

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