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Home Archive for category "Supreme Court of the United States"
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US Supreme Court debate to heat up again

With the decision in Graham v. Florida, we are likely to see a renewal of the debate over whether and how to use foreign caselaw in interpreting the U.S. Constitution. As in his earlier decision in Roper v. Simmons, 543 U. S. 551 (2005), Justice Anthony Kennedy again utilized foreign sources to interpret the cruel

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Published on May 18, 2010
Author:          Filed under: hp, Supreme Court of the United States, Tom Ginsburg
 
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Prelude to the End of Mandatory Minimums in Canada?

On Friday, the Supreme Court of Canada may have signaled the imminent demise of mandatory minimum sentences. In Nasogaluak, a unanimous Court expressed deep reservations about the current sentencing regime in Canada. Earlier, the Court of Appeal had declared that sentencing judges were bound by the statutorily prescribed mandatory minimum sentences, and therefore could not

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