It's not often that I claim to have a better grasp of the law than a handful of people, but this is one of those few times that I do. I believe there is a large group of scholars and students who are absolutely wrong about the opinion in Roper v. Simmons. Some of these people, like Will Baude, are just not looking at the jurisprudential landscape that has shaped the US reliance on international law. Others are clouded by murky beliefs about what should be in criminal law and try to justify it by attacking reliance on other countries laws. Still others like Dylan try to simply attack the test set up by the court and where Kennedy took that test.
In my opinion they are incorrect and the following posts, long as it will be, will show the reasons I believe they are wrong.
Series Posts
Roper Part 1: Introduction: Significance of Domestic and International Law Jurisprudence
Roper 2: Domestic Cases informing Roper
Roper 3: International Law and the Juvenile Death Penalty
Roper 4: Concluding why International Law was necessary in Roper
Wednesday, March 02, 2005
International Law and Roper
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1 Comments:
Wow...how long did all of this take you? Perhaps you should have written my reply brief...
By -Me, at 9:27 PM, March 02, 2005