How to Argue about the Death Penalty
The NY Times has an interesting story today about two men who are leading a campaign in support of a ballot initiative that would abolish the death penalty in California – and who, in 1978, played key...
View ArticleIdeology in Constitutional Scholarship
Is most writing about constitutional law and theory (in the United States, but perhaps also in Canada) “intellectually corrupt”? In a post on the Bleeding Heart Libertarians blog, Jason Brennan, a...
View ArticleArguing with Death, Again
I wrote, three months ago now, about the sorts of arguments people make for and against the death penalty. Contrary perhaps to our intuitions, from at least the times of Thucydides, death penalty’s...
View ArticleThe Forms and Limits of Persuasion
There was a very interesting piece by Maggie Koerth-Baker yesterday in New York Times magazine, about the ways in which we make up and change our minds. The immediate context to which it is directed is...
View ArticleDeath Penalty and Dignity
The topic of tomorrow’s class in Jeremy Waldron’s Human Dignity seminar is the death penalty and, having blogged about the sorts of arguments that are made for and against it here and here, I want to...
View ArticleMass Confusion
There is a long article in the New York Times about the increasing opposition to the use of exceedingly long prison sentences―often life imprisonment without parole―as punishment for all sorts of...
View ArticleConstitutional Job Placement
In a post on Concurring Opinions, Gerard Magliocca asks an interesting question about what importance, if any, should attach to the fact that a constitutional provision invoked in a case has never been...
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Did Dunsmuir Simplify the Standard of Review?
Robert Danay, Justice Canada and UBC (The author’s views do not necessarily reflect those of the Department of Canada or the Government of Canada) While the Supreme Court issued three sets of reasons...
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