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28 Sep 2009, 11:19 am
"An excerpt is reposted below, and you can read the full article here.Professor Mitchell's characteristically thoughtful and incisive comment makes many important points.1 He is right in saying that Atkins v Virginia2 and Thompson v Oklahoma3 fit the modernization model better than Roper v Simmons4 or Kennedy v Louisiana.5 I also agree with Professor Mitchell that a modernization approach gives political actors an incentive to behave… [read post]
23 Sep 2009, 5:47 am
Many lawsuits have been asserted over the years for foul ball injuries and the issues were long ago resolved by the highest court in New York - the Court of Appeals  - when it ruled in Atkins v. [read post]
22 Sep 2009, 10:43 am
  More on the 2002 Supreme Court ruling in Atkins v. [read post]
17 Sep 2009, 10:01 pm
Several years ago, I published a list of state-specific Family Law blogs. [read post]
20 Aug 2009, 7:47 am
More on the 2002 Supreme Court ruling in Atkins v. [read post]
10 Aug 2009, 4:17 am
  Number 4 is the Seventh Circuit's decision in AutoZone v. [read post]
7 Jul 2009, 12:11 pm
Supreme Court has already ruled the death penalty unconstitutional in cases involving defendants with mental retardation (Atkins v. [read post]
6 Jul 2009, 8:24 am
Supreme Court has already ruled the death penalty unconstitutional in cases involving defendants with mental retardation (Atkins v. [read post]
5 Jun 2009, 1:39 am
BiesCRIMINAL PRACTICE- Double Jeopardy - Insanity - Sentencing"The Double Jeopardy Clause does not bar a state court from conducting a full hearing on mental capacity under Atkins v. [read post]
4 Jun 2009, 3:43 pm
It's unconstitutional to execute people with mental retardation, the Court said in Atkins v. [read post]
4 Jun 2009, 6:41 am
At issue in the case was whether double jeopardy barred Ohio from holding a hearing to determine the mental competency of an inmate sentenced to death before Atkins v. [read post]
3 Jun 2009, 4:32 am
To succeed on their motion for summary judgment, the defendants were required to establish, through the submission of evidentiary proof in admissible form, that the plaintiff is unable to prove at least one of the essential elements of the cause of action (see Suydam v O'Neill, 276 AD2d 549; Ostriker v Taylor, Atkins & Ostrow, 258 AD2d 572). [read post]
2 Jun 2009, 2:56 am
Both also agreed that the death specifications outweighed mitigation beyon a reasonable doubt and therefore affirmed his death sentence.In 2002, the United States Supreme Court decided Atkins v. [read post]