Excessiveness review for capital defendants after Honda Motor Co. v. Oberg
Article Abstract:
The principles justifying judicial excessiveness review for punitive damages schemes in the U.S. Supreme Court case of Honda Motor Co. v. Oberg could consistently be extended to capital sentencing as well. Oregon and Texas have capital sentencing systems that are structurally analogous to Oregon's punitive damages scheme that was ruled unconstitutional in Honda. The lack of rational-basis review of capital sentences in both Oregon and Texas suggests a risk of excessive punishment. However, the current Supreme Court may be reluctant to extend Honda to death penalty cases for ideological reasons.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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Equal Protection Clause - judicial review - D.C. Circuit invalidates the FCC's gender-based policies
Article Abstract:
The DC Circuit Court of Appeals in Lamprecht v FCC, ruling against the FCC's gender-preference policy, failed to defer to Congress and did not analyze whether the policy promoted impermissible stereotypes according to the standard in Metro Broadcasting Inc v FCC. The court found based on statistical evidence that the FCC policy did not advance the goal of increasing programming diversity. The court ignored the fact that the policy had Congressional support and was not based on gender alone, but rather required evidence that women's participation in management would affect programming.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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Equal protection - census undercount - Second Circuit applies heightened scrutiny to the Commerce Department's decision not to compensate for minority undercount in the 1990 census - City of New York v. United States Dep't of Commerce, 34 F.3d 1114 (2d Cir. 1994)
Article Abstract:
The US Court of Appeals for the Second Circuit's ruling in City of New York v. Department of Commerce that failure to adjust 1990 census figures to compensate for minority undercount was unconstitutional reversed the tendency toward judicial deference, though 1990 figures will likely be unchanged. The Court felt that the undercount had implications for both voting rights and federal funding. The Court asserted that these issues implicated equal protection and heightened scrutiny.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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