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Strong SCOTUSblog coverage of Kennedy and Exxon

By Douglas A. Berman

As regular readers know, I think many folks get overpunished in American society, but I have never had corporations and child rapists high on my list of those needing extra protection from the Justices.  Nevertheless, as Kevin Russell effectively highlights in this effective post, a majority of Justices views differently as evidenced by the outcomes in Kennedy and Exxon .  Here are links to the two opinions, which I hope to consume and discuss later (perhaps much later) today:The opinion by Justice Souter in Exxon v. Baker (07-219), the punitive damages case, is available here.  The opinion by Justice Kennedy in Kennedy v. Louisiana (07-343), the child rape case, is available here.In the meantime, everyone should check out the very copious and thoughtful commentary coming from Corey Yung (who gets cited in the majority opinion in Kennedy) at Sex Crimes.continue to full post

Full post as published by Sentencing Law and Policy on June 25, 2008 (boomark / email).