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When Judges Impose the Death Penalty after the Jury Recommends Life: Harris v. Alabama as the Excision of the Tympanic Membrane in an Augmentedly Death-Biased Procedure
Full text linkThis Article examines the disturbing ramifications of sentencing statutes that allow a judge to override a jury\u27s advisory life verdict and impose the death sentence, analyzes the importance of the jury in a criminal proceeding, its special function in the capital sentencing phase, and the ensuing devastation from a judge trumping a jury life verdict with death.
This Article then advances the position that jury override statutes do not spawn mere death bias, but actually an augmented death bias, and stresses the special significance of a jury life verdict issued in spite of that augmented death bias. This Article also explores the significance of the Tedder safeguard, which requires a trial judge to accord great weight to a sentencing jury\u27s recommendation, and then analyzes the disturbing impact of an override scheme that lacks that significant protection.
In the recently decided Harris v. Alabama, the Supreme Court approved a capital sentencing statute that allows trial judges to merely consider the jury\u27s recommendation before rejecting it. The author suggests that in Harris the Court annihilated the only safeguard, the Tedder standard, in an arena of augmented death bias, and in so doing, has excised the metaphoric tympanic membrane of death sentencing. According to this view, the Court is encouraging improper executions and ultimately disparaging the value of life
When Judges Impose the Death Penalty after the Jury Recommends Life: Harris v. Alabama as the Excision of the Tympanic Membrane in an Augmentedly Death-Biased Procedure
No full textThis Article examines the disturbing ramifications of sentencing statutes that allow a judge to override a jury\u27s advisory life verdict and impose the death sentence, analyzes the importance of the jury in a criminal proceeding, its special function in the capital sentencing phase, and the ensuing devastation from a judge trumping a jury life verdict with death.
This Article then advances the position that jury override statutes do not spawn mere death bias, but actually an augmented death bias, and stresses the special significance of a jury life verdict issued in spite of that augmented death bias. This Article also explores the significance of the Tedder safeguard, which requires a trial judge to accord great weight to a sentencing jury\u27s recommendation, and then analyzes the disturbing impact of an override scheme that lacks that significant protection.
In the recently decided Harris v. Alabama, the Supreme Court approved a capital sentencing statute that allows trial judges to merely consider the jury\u27s recommendation before rejecting it. The author suggests that in Harris the Court annihilated the only safeguard, the Tedder standard, in an arena of augmented death bias, and in so doing, has excised the metaphoric tympanic membrane of death sentencing. According to this view, the Court is encouraging improper executions and ultimately disparaging the value of life
When Judges Impose the Death Penalty after the Jury Recommends Life: Harris v. Alabama as the Excision of the Tympanic Membrane in an Augmentedly Death-Biased Procedure
No full textThis Article examines the disturbing ramifications of sentencing statutes that allow a judge to override a jury\u27s advisory life verdict and impose the death sentence, analyzes the importance of the jury in a criminal proceeding, its special function in the capital sentencing phase, and the ensuing devastation from a judge trumping a jury life verdict with death.
This Article then advances the position that jury override statutes do not spawn mere death bias, but actually an augmented death bias, and stresses the special significance of a jury life verdict issued in spite of that augmented death bias. This Article also explores the significance of the Tedder safeguard, which requires a trial judge to accord great weight to a sentencing jury\u27s recommendation, and then analyzes the disturbing impact of an override scheme that lacks that significant protection.
In the recently decided Harris v. Alabama, the Supreme Court approved a capital sentencing statute that allows trial judges to merely consider the jury\u27s recommendation before rejecting it. The author suggests that in Harris the Court annihilated the only safeguard, the Tedder standard, in an arena of augmented death bias, and in so doing, has excised the metaphoric tympanic membrane of death sentencing. According to this view, the Court is encouraging improper executions and ultimately disparaging the value of life
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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Gay and Lesbian Adoption: Banishing the Pied Piper
No full textIn my recent book, Homophobia and the Law, Robert Browning\u27s Pied Piper, the strangest figure with a queer long coat from heal to head, inducts a core chapter, the one on Children. After all, it is this notorious Pied Piper, who absconds with the town\u27s children, leads them through a wondrous portal into the mountain-side cave, and renders their laughter inaudible forever. The Pied Piper has evolved into a menacing conceit that perpetuates discrimination against gay and lesbian couples. It is predicated on an irrational notion that homosexuals will, by coaxing children toward their own sexual orientation, seal them in some cavern of prurient doom
The Learned-Helpless Lawyer: Clinical Legal Education and Therapeutic Jurisprudence as Antidotes to Bartleby Syndrome
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