Search for: "Kennedy v. Mendoza-Martinez" Results 1 - 7 of 7
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19 Dec 2013, 4:02 pm by Stephen Bilkis
Doe in 2003 held that, citing the seven factors articulated by the Supreme Court in Kennedy v. [read post]
7 Sep 2017, 3:43 am by SHG
In making the “effects” analysis, the Court considered five of the seven factors employed in Kennedy v. [read post]
26 Sep 2014, 1:27 pm by Stephen Bilkis
In Smith, the Supreme Court held that, in this second step of the inquiry, a court should be guided by the seven factors which it had first outlined in Kennedy v Mendoza- Martinez: (1) whether the sanction involves an affirmative disability or restraint; (2) whether it has historically been regarded as a punishment; (3) whether it comes into play only upon a finding of scienter; (4) whether its operation will promote traditional aims of punishment-retribution and… [read post]
6 May 2010, 11:21 am by Steve Vladeck
But those issues simply pale in comparison to the problems with the bill as currently drafted.Update: Here is a link to the bill.Update II: Because I couldn't resist, here is the Supreme Court from Kennedy v. [read post]