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Dominic Ferrante
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NoteVol. 100 · Iss. 3
Addressing the Supreme Court’s Half-Baked Eighth Amendment Majoritarianism: How States Can Use Advisory Ballot Questions to Give More Legitimacy to the Court’s Death Penalty Decisions
Introduction Over its half-century-long struggle with how to determine whether a particular application of the death penalty is unconstitutional under the Eighth Amendment’s prohibition…