Emory Law Journal

Volume 62Issue 1
Articles

Debunking Claims of Over-Federalization of Criminal Law

Susan R. Klein, Ingrid B. Grobey | 62 Emory L.J. 1 (2012)

Virtually all criminal law scholars bemoan the over-federalization of criminal law. They are joined by judges, bar review associations, and special interest groups. Conventional wisdom has it that our federal congressmen and senators curry favor with their constituents by making a federal case out of any conceivable bad behavior. On the other hand, a lawmaker who votes to repeal a criminal law may be faced with accusations that she is soft on crime. Thus, politics (rather than reasoned judgment) has led to the passage of upwards of approximately 4,500 federal criminal prohibitions, as many as half of these passed since 1970.

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The Constitutional Right Not to Kill

Mark L. Rienzi | 62 Emory L.J. 121 (2012)

Federal and state governments either participate in or permit a variety of different types of killings. These include military operations, capital punishment, assisted suicide, abortion, and self-defense or defense of others. In a pluralistic society, it is no surprise that there will be some members of the population who refuse to participate in some or all of these types of killings.

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