The authors examine the eighth amendment doctrinal framework used by the Court in the July 2 Cases, with particular reference to the requirement that individualized mitigating information be considered in the sentencing decision.
Doctrinal Paradox & International Law.
Doctrinal disputes leave most people cold.
Doctrinal disagreement, heresy charges, minister expelled.
Doctrinal simplification presents one obvious objective.
Tim's research interests include trademark theory, copyright and trademark fair use, and various doctrinal areas governed by the First Amendment, including commercial speech and campaign finance regulation.
Justice Clarence Thomas voted with the majority in 2009 but criticized what he called the "doctrinal incoherence" of the court's First Amendment jurisprudence in this area, which allows the regulation of broadcast television but not cable programming or the Internet.
The thoughtful centrism of Sargent Shriver and Joseph Califano, Jimmy Carter's Secretary of HHS, were rejected by doctrinal purists who insisted on a constitutional amendment banning all abortions.
That was because while the New Deal decisions were direct obstacles to Roosevelt's economic recovery plans, grabbing the public's attention by threatening its welfare, the federalism revolution of the Rehnquist court has played out in highly technical decisions involving obscure, even elusive doctrinal areas like the 10th and 11th Amendments.
The Court's reluctance to adopt a single social scientific metricis understandable, and only reinforces the reasons the Court should apply a straightforward First Amendment analysis in these cases: doing so requires neither doctrinal innovation nor duels between competing experts presenting interpretations of statistical analyses.
Scalia frequently cites his commitment to the First Amendment as proof that he does not hew to a doctrinal line.
