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Tuesday, November 29, 2005

More on David Gale, er, Ruben Cantu

Why is the execution of a guy who died twelve years ago news now? I have a piece in Slate that explains. 

Update: Austin Sarat has some thoughts on my next likely project over at Findlaw.

Posted by Administrators on November 29, 2005 at 01:01 PM in Article Spotlight, Dan Markel | Permalink

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Comments

Adam, I spoke earlier with one of the leaders of Moveon.org, and told him that the dismantling of the death penalty -- should it actually happen -- is more likely to be achieved incrementally through the legislature rather than through courts. While you're right that perhaps the worst applications (minors and retarded person) are over, there's still lots of other kookie stuff going on. And with Cantu, costs, and Catholics--who knows, maybe there'll be a norm cascade...

Posted by: Dan Markel | Nov 29, 2005 10:54:36 PM

Quite an excellent article on a sad topic. It would be nice if this led to a "dismantling of the death penalty" but that seems quite unlikely to me. The court's recent jurisprudence, which eliminates some of the worst aspects of the American death penalty, may well result in the perpetuation of capital punishment for years to come by making it more palatable to the public.

Posted by: Adam Gershowitz | Nov 29, 2005 10:11:45 PM

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