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My New Article on SSRN

By Corey Rayburnyung

After the Supreme Court requested new briefing in Kennedy v. Louisiana, I decided to start again on a project I had abandoned. I've posted a draft of my short piece, Is Military Law Relevant to the 'Evolving Standards of Decency' Embodied in the Eighth Amendment?, on SSRN. This is the abstract:On June 25, 2008, the United States Supreme Court issued an opinion in Kennedy v. Louisiana holding that the application of the death penalty to the crime of aggravated child rape violated the Eighth Amendment of the United States Constitution. Three days after the opinion was issued, it was discovered that everyone involved in the case had overlooked a 2006 amendment to the Uniform Code of Military Justice ("UCMJ") that made child rape a death penalty offense...continue to full post

Full post as published by Sex Crimes on September 12, 2008 (boomark / email).