Justices struggle with a 'Lemon;' landmark church-state ruling needs updating - but how?

Article Abstract:

Issues are discussed regarding the Supreme Court's continuing use of the constitutional test for church-state violations in Lemon v. Kurtzman, even though the case is 30 years old and its doctrine badly needs updating. The use of some of Lemon in Santa Fe Independent School District v. Doe, dealing with student-led prayer at football games, is also discussed.

United States, Freedom of religion, Church and state

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Updating 'hedonic' damages; loss of enjoyment of life now an accepted concept - with limits

Article Abstract:

The difficulty of recovering hedonic damages for wrongful death nearly 20 years after they were first recognized is discussed. New York and several other states bar these damages for comatose people. Expert evidence trying to assess loss generates the greatest misgivings.

Laws, regulations and rules, Remedies, Wrongful death, Hedonic damages

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Suit: death defense is a sham; claim is Fla. provides lawyers but makes it so they can't save inmates

Article Abstract:

Florida established the Capital Collateral Representative in 1985 to represent death row inmates in post-conviction proceedings but money ran out by 1997, when the Legislature responded by carving it into three independently run offices, the Capital Collateral Representative. (CCRC). Both the CCRC and its predecessor complained constantly of underfunding and inadequate personnel, and pro bono partner Stephen F. Hanlon has filed suits on the inadequacy of the private and public death row counsel systems.

States, Capital punishment, Post-conviction remedies

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