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Can Congress Overturn Graham v. Florida?


Richard M. Re


UCLA School of Law

June 25, 2010

Harvard Journal of Law and Public Policy, Vol. 33, No. 4, 2010

Abstract:     
Shortly after my recent Article, "Can Congress Overturn Kennedy v. Louisiana?", went to press, the Supreme Court released its decision in Graham v. Florida. This Coda accordingly updates the Article in two ways: first, by evaluating Graham’s novel “national consensus” analysis; and, second, by arguing that both Kennedy v. Louisiana and Graham should be understood as contingent decisions potentially reversible through federal legislation. This Coda thus renews the Article’s argument that Kennedy and related cases both do and should leave room for inter-branch dialogue regarding the Eighth Amendment’s contemporary practical meaning.

Number of Pages in PDF File: 9

Keywords: Eighth Amendment, Kennedy v. Louisiana, Graham v. Florida, sentencing, capital punishment

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Date posted: June 27, 2010 ; Last revised: September 27, 2011

Suggested Citation

Re, Richard M., Can Congress Overturn Graham v. Florida? (June 25, 2010). Harvard Journal of Law and Public Policy, Vol. 33, No. 4, 2010. Available at SSRN: http://ssrn.com/abstract=1630346

Contact Information

Richard M. Re (Contact Author)
UCLA School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
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