79 research outputs found
Religious Neutrality and the Death Penalty
Cases involving the Establishment of Religion Clause predominantly emphasize religious neutrality. Believing this to be normatively correct, Professor Loewy argues for religious neutrality in capital punishment cases. In accordance therewith, he would uphold religious peremptory challenges where a juror\u27s religious belief is related to her death penalty perspective. Professor Loewy agrees with the courts\u27general willingness to disallow religion as an aggravating factor while allowing it as a mitigating factor. This dichotomy comports with the neutrality principle because aggravating factors, in general, are limited whereas mitigating factors are unlimited
Taking Bakke Seriously: Distinguishing Diversity from Affirmative Action in the Law School Admissions Process
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