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14 Sep 2013, 11:28 am by Donald Thompson
 In such situations, the prosecutor may be relying on evidence that exists in the case, but characterizes it differently depending on what suits the prosecutor’s theory, even if the arguments made in both cases are  mutually inconsistent (see, e.g., Smith v Groose, 205 F3d 1045, 1050 [8th Cir 2000]; Thompson v Calderon, 120 F3d 1045 [9th Cir 1997], rev’d on other grounds 523 US 538; United States v Salerno, 937 F2d 797, 812 [2nd Cir 1991],… [read post]
19 Feb 2024, 4:00 am by Michael C. Dorf
Thompson, 403 U.S. 217 (1971), in which the Court infamously allowed Jackson, Mississippi to close all of its public swimming pools in the face of a desegregation order. [read post]
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]