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4 Rutgers J.L. & Pub. Pol'y 271 (2007)
When we get
beyond the heated rhetoric on both sides of the
debate, what are the strongest social and legal arguments for
retaining the traditional concept of man/woman marriage?
Monte Neil Stewart, in an article that addresses one of the
cutting-edge social issues facing the nation today, lays out his
arguments for retaining marriage as a man/woman
arrangement. Stewart seeks to refute the views expressed by
eminent legal scholar Ronald Dworkin in his latest work, Is
Democracy Possible Here? ... [ read more]
The law has
traditionally treated non-human animals as
property. However, most people view the dogs and cats in their
homes as something more than “a living room sofa.”
Now,
many current laws are beginning to reflect ways in which
animals, and especially companion animals, are fundamentally
different from inanimate property. Despite this new trend, the
difference between animals and inanimate property needs to be
more clearly reflected in our laws. Under current law there are
still too many cases that are inconsistent with this
understanding that companion animals are distinct from
inanimate property. ... [ read more]
The general
practice in both state and federal courts, which
has cemented itself as a rule, is that jurors, in carrying out their
responsibilities to determine the guilt or innocence of
defendants in non-capital cases, are not to be told about the
punishment faced by the defendant before them. The harm in
so advising jurors, it is argued, would be to prompt juror’s
involvement in matters in which they have no responsibility,
causing confusion as to the proper role of a jury (simply to find a
defendant guilty or not); there is also a concern that advising a
jury about punishment might pre-dispose the jury to find a
defendant guilty. The rule applies to mandatory sentencing
schemes as well as standard discretionary sentencing options: as
of today, courts around the country are under no obligation to
inform jurors about the punishment a criminal defendant faces in cases
involving mandatory sentencing schemes. ... [ read more]
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